Q-1 - Act respecting building contractors vocational qualifications

Remplacée le 1^er février 1992

Ce document a valeur officielle.

chapter Q-1

Act respecting building contractors vocational qualifications

Chapter Q-1 is replaced by the Building Act (chapter B-1.1). (1985, c. 34, s. 214).

1985, c. 34, s. 214.

DIVISION I DEFINITIONS AND APPLICATION

1. In this act, unless the context indicates a different meaning,

(a)  “construction work” means foundation, erection, maintenance, renovation, repair, alteration and demolition work on buildings and on civil engineering works carried out on the job site itself and in the vicinity thereof, including the preparatory work on the site;

(b)  “contractor” means any person who, for another, carries out construction work or causes it to be carried out or makes or submits tenders, personally or through another person, to carry out such work for his own profit;

(c)  “owner-builder” means a person who, for his own account, carries out construction work or causes it to be carried out;

(d)  “licence” means a licence issued under this act;

(e)  “Minister” means the Minister of Housing and Consumer Protection;

(f)  “board” means the Régie des entreprises de construction du Québec established by this act;

(g)  “regulation” means a regulation made in conformity with this act by the board or by the Government;

(h)  “Court” means the Labour Court established by the Labour Code.

1975, c. 53, s. 1; 1979, c. 2, s. 1; 1981, c. 10, s. 20.

2. Subject to the transitional provisions, this act applies to all contractors.

1975, c. 53, s. 2.

3. The Government may exclude the categories of work indicated by it which are carried out on the territory of municipalities of 5 000 souls or less from the application of this Act.

1975, c. 53, s. 3.

4. This Act does not apply:

(a)  to agricultural operations ordinarily developed by the farmer himself or by fewer than three full-time employees;

(b)  to maintenance and repair work in buildings or on civil engineering works carried out by employees ordinarily employed in maintenance work in buildings or on civil engineering works or who are production workers in an establishment, who are directly employed by an employer other than a contractor;

(c)  to construction work on water supply systems, sewers, paving and sidewalks and to other work of the same nature carried out by the employees of urban communities and municipalities;

(d)  to construction work directly related to mining exploration or operations carried out by the employees of a mining firm;

(e)  to construction work directly related to forest operations, carried out by the employees of forest operations firms;

(f)  to construction work on power transmission lines, carried out by the employees of electric supply firms.

1975, c. 53, s. 4; 1990, c. 85, s. 122.

DIVISION II RÉGIE DES ENTREPRISES DE CONSTRUCTION DU QUÉBEC

5. The Régie des entreprises de construction du Québec, hereinafter called “the board”, is established.

1975, c. 53, s. 5.

6. The functions of the board are to supervise the activities of building contractors in Québec and, in particular, to issue the licences provided for by this Act.

1975, c. 53, s. 6.

7. The head office of the board is in the city of Québec or in the City of Montréal as the Government may decide by an order in council which shall come into force on publication in the Gazette officielle du Québec.

The board also has an office in the city mentioned in the first paragraph which is not the site of its head office.

It may hold sittings anywhere in Québec.

1975, c. 53, s. 7.

8. The board consists of nine members appointed by the Government.

Three members including the president and the vice-president, shall be appointed for not more than ten years. They shall exercise all the powers of the board and shall be responsible for its administration within the framework of its constitution and of the regulations made by virtue of this act.

The other six members shall be experienced contractors appointed for three years; they shall be designated among the persons proposed by the most representative associations of contractors in the construction industry. However, the Minister may require that other names be proposed to him.

1975, c. 53, s. 8; 1979, c. 2, s. 2.

9. The six members contemplated in the third paragraph of section 8 shall sit without the right to vote except for the adoption of the constitution of the board and the regulations, and for the fixing by regulation of the duties exigible for the issue or renewal of licences.

1975, c. 53, s. 9; 1979, c. 2, s. 3.

10. The Government shall fix the fees, allowances or salary or, as the case may be, the additional salary of each member of the board.

1975, c. 53, s. 10.

11. The members of the board shall remain in office, notwithstanding the expiry of their term, until they are reappointed or replaced.

1975, c. 53, s. 11.

12. No member of the three appointed under the second paragraph of section 8 shall, on pain of forfeiture of office, have a direct or indirect interest in an enterprise that puts his personal interest in conflict with that of the board.

However, such forfeiture shall not occur if such an interest devolves to him through succession or donation provided he renounces or disposes of it with all possible dispatch.

1975, c. 53, s. 12.

13. If the president of the board is unable to act by reason of absence or illness, he shall be replaced by the vice-president; if another member of the board is unable to act by reason of absence or illness, he may be replaced by a person appointed to carry out his duties while he remains unable to act; such person shall be appointed by the Government, which shall fix his fees, allowances, salary or additional salary.

1975, c. 53, s. 13.

14. The president holds, of right, the office of general manager of the board.

He may delegate in whole or in part, to any person employed by the board, the exercise of his powers as general manager.

1975, c. 53, s. 14; 1980, c. 2, s. 1.

15. The three members appointed under the second paragraph of section 8 shall devote their time exclusively to the work of the board and their official duties.

1975, c. 53, s. 15.

16. Two of the members appointed under the second paragraph of section 8, including the president or, in the case provided for in section 13, the vice-president, shall be a quorum of the board.

However, on any matter contemplated in section 9, at least three of the members appointed under the third paragraph of section 8 must also be present.

In the case of a tie-vote, the president or, in the case provided for in section 13, the vice-president shall have a casting vote.

1975, c. 53, s. 16.

17. When the board receives an application, it must give a written and substantiated decision within thirty days of receiving the application. Decisions of the board shall form part of its records.

Beyond such period, the Court, upon a motion by one of the parties, may make any order it considers necessary and, in particular, render the decision which in its opinion should have been rendered in first instance.

1975, c. 53, s. 17.

17.1. The board, by by-law, may generally or specially delegate the exercise of the powers assigned to the board for the renewal of licences to the general manager or his designee.

1983, c. 26, s. 17.

18. The minutes of the sittings, approved by the board and certified by the president or the secretary, are authentic. The same applies to documents and copies emanating from the board or forming part of its records when signed by the president or the vice-president.

The Photographic Proof of Documents Act (chapter P-22) applies to documents emanating from the board or forming part of its records.

1975, c. 53, s. 18.

19. The secretary and the other persons employed by the board shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

The same applies to the inspectors necessary to see that this act and the regulations are complied with.

1975, c. 53, s. 19; 1978, c. 15, s. 140; 1983, c. 26, s. 18; 1983, c. 55, s. 161.

19.1. The Government may designate, by regulation and in accordance with the conditions prescribed therein, in the municipalities, municipal officers who shall have power to verify whether the applicant for a building permit and the person who carries out construction work or causes it to be carried out holds a licence.

The inspectors of the Commission de la construction du Québec, where the area of jurisdiction of the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20) is the same as that of this Act, have the power to verify if a building contractor or owner-builder holds a licence.

Every person designated under this section shall have the same powers and duties as inspectors appointed under this Act.

1983, c. 26, s. 19; 1986, c. 89, s. 50.

19.2. No member of the board or member of its staff nor any person holding power delegated by virtue of section 19.1 may be prosecuted for any act performed by him in good faith in the discharge of his duties.

1983, c. 26, s. 19.

20. The inspectors may enter on any construction site at any hour of the day or night to ascertain whether this act and the regulations are being complied with.

1975, c. 53, s. 20.

21. The inspectors shall also be entitled to demand that licences or other documents required by the act and the regulations be produced, as well any information they consider necessary.

1975, c. 53, s. 21.

22. The inspectors appointed under this act must make a report of their activities to the board in accordance with the rules established by regulation.

1975, c. 53, s. 22.

23. The board in exercising its powers may itself or by a person designated by it inquire into any matter within its jurisdiction.

The board has for its inquiries and hearings the powers of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37).

At inquiries and hearings of the board, the parties may appear and plead in person or through an advocate and present witnesses to testify; such witnesses may require taxation as if they were testifying before the Superior Court.

The writs of subpoena for the summons of witnesses shall be signed by the president or the secretary of the board.

1975, c. 53, s. 23.

24. Not later than 30 June each year, the board shall submit a report to the Minister of its activities for the preceding fiscal year. The Minister must table such report before the National Assembly within thirty days of receiving it if it is in session or, if it is not, within thirty days of the opening of the next session.

1975, c. 53, s. 24.

DIVISION III LICENCES

25. No one shall use the title of building contractor nor act in such capacity unless he proves that he holds a licence to that effect.

1975, c. 53, s. 25.

26. Every person who carries out construction work or causes if to be carried out and offers the building or structure concerned for sale or exchange is presumed to act as a contractor unless he proves that the work was not carried out in view of sale or exchange.

Every person who commences new construction work within less than one year from the end of the first work undertaken is presumed to act as a contractor for the purposes of this act.

The termination of the work means, for the application of the preceding paragraph, the date on which the structure is ready for the use intended.

1975, c. 53, s. 26.

27. Every licence must indicate the categories and subcategories of construction work that the holder is authorized to carry out or to cause to be carried out.

1975, c. 53, s. 27.

28. Every application relating to the issue of a licence shall be sent to the board in the form prescribed by it, and must be accompanied with the documents required and the duties exigible.

1975, c. 53, s. 28.

29. The board or the officer designated by it for that purpose shall enter every application for the issue of a licence in a register specially kept for that purpose.

1975, c. 53, s. 29.

30. No partnership or corporation may obtain a licence unless it is qualified to do so through one or more physical persons who participate in its management and who possess the other qualifications required under this act.

1975, c. 53, s. 30.

31. To obtain a licence or to qualify a partnership or corporation to obtain a licence, a natural person must:

(a)  prove to the board that he has the relevant knowledge or experience in the management of a construction undertaking and in the carrying out of construction work to warrant the trust of the public and that he has passed the examinations provided for by regulation;

(b)  establish his solvency;

(c)  be free of any conviction in respect of any offence contemplated in subparagraphs iv, v and vi of paragraph b of section 43 for the five years preceding the application;

(d)  prove, if he was a bankrupt, that he has obtained his release after having complied with the conditions fixed by a court of competent jurisdiction;

(e)  prove, if he was a member of a partnership within twelve months before the date of bankruptcy of that partnership, that more than three years have elapsed since that bankruptcy;

(f)  prove, if he was a director or a shareholder holding twenty per cent or more of the voting shares of a corporation within twelve months before the date of bankruptcy of that corporation, that more than three years have elapsed since that bankruptcy;

(g)  prove, in the case where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4), he must be a member of the Corporation des maîtres électriciens du Québec or of the Corporation des maîtres mécaniciens en tuyauterie du Québec, that the entrance dues and annual assessment required under those acts have been paid.

1975, c. 53, s. 31; 1979, c. 2, s. 4; 1980, c. 2, s. 2.

32. A natural person, to obtain a licence or qualify a partnership or a corporation to obtain a licence, must be of full age and have a knowledge of the French language appropriate to the work envisaged.

Subject to paragraphs h and i of section 58, the same physical person shall not so qualify more than one partnership or corporation at the same time nor qualify a partnership or corporation while being a licence holder.

Subject to paragraph s of section 58, no natural person may hold more than one licence.

1975, c. 53, s. 32; 1979, c. 2, s. 5.

33. A partnership or corporation must, to obtain a licence:

(a)  qualify for it through one or more natural persons in accordance with section 30;

(b)  establish its solvency or, in the case of a partnership, the solvency of each of its members;

(c)  be free of any conviction in respect of any offence contemplated in subparagraphs iv, v and vi of paragraph b of section 43 for the five years preceding the application, the same requirement applying to the partners or the directors of the partnership or corporation, as the case may be;

(d)  inform the board of its legal structure and of the name and domicile of each of its directors and of its shareholders holding twenty per cent or more of the voting shares of the corporation, or of each of its members, according as it is a corporation or a partnership;

(e)  prove, in the case of a partnership, that none of its members was a member of another partnership or a director or a shareholder holding twenty per cent or more of the voting shares of a corporation, within twelve months before the date of bankruptcy of that partnership or corporation, unless more than three years have elapsed since that bankruptcy;

(f)  prove, in the case of a corporation, that none of its directors or of its shareholders holding twenty per cent or more of the voting shares of the corporation was a member of a partnership within twelve months before the date of bankruptcy of that partnership, unless more than three years have elapsed since that bankruptcy; prove also that none of its directors or of its shareholders holding twenty per cent or more of the voting shares of the corporation was a director or a shareholder holding twenty per cent or more of the voting shares of another corporation within twelve months before the date of bankruptcy of the latter, unless more than three years have elapsed since that bankruptcy;

(g)  prove, in the case where, under the Master Electricians Act (chapter M-3) or the Master Pipe-Mechanics Act (chapter M-4), he must be a member of the Corporation des maîtres électriciens du Québec or of the Corporation des maîtres mécaniciens en tuyauterie du Québec, that the entrance dues and annual assessment required under those acts have been paid.

1975, c. 53, s. 33; 1979, c. 2, s. 6; 1980, c. 2, s. 3.

33.1. Where the inability to obtain a licence or to qualify a partnership or a corporation to that effect results from a provision of paragraph e or f of section 31 or 33, the board may, upon application, before the lapse of three years prescribed therein, issue a licence to a natural person, partnership or corporation if it is shown to the board that the bankruptcy is not attributable to the disqualified person.

Where the inability to obtain a licence or to qualify a partnership or corporation for that purpose arises from the provisions contemplated in paragraph c of section 31 or 33 for an offence contemplated in subparagraph v of paragraph b of section 43, the board may authorize the issue of a licence sooner to a person who applies therefor. In order to render its decision, the board shall especially consider the nature of the offence committed, its seriousness and its effect on the activities which the person applying for the licence intends to carry on in the construction industry.

1979, c. 2, s. 7; 1983, c. 26, s. 20.

34. The board may, by regulation, require security of every contractor who carries or causes the carrying out of construction work of a category established by regulation and related to a residential building contemplated by regulation. The security of the contractor guarantees the fulfilment of his obligations toward his clients, as determined by regulation and to the extent provided for therein.

It may also, by regulation, require security for such work in view of indemnifying the clients of the contractor to the extent provided for by regulation, in case of fraud, bankruptcy or insolvency on his part; the regulation may provide that such indemnification shall be made as the surety may choose, either by the payment of a sum of money or by the carrying out of the work.

The board shall, by regulation, determine the terms and conditions, amounts and form of such security.

Where the board is of opinion that it is expedient to replace such security, it may, by regulation, set up an indemnity fund for the same purposes and provide the terms and conditions of administration and use of that fund and, if necessary, the transitional terms and conditions governing the initial period of operation of the fund, taking account of the security already furnished under this section. The contractors shall then subscribe or otherwise contribute to the indemnity fund in the manner provided for by regulation.

1975, c. 53, s. 34; 1979, c. 2, s. 8.

34.1. The board may, by by-law, require of any natural person, partnership or corporation applying for a licence, security pavable to the Minister of Finance in order to indemnify his or its clients in the case of fraud, fraudulent misuse or misappropriation of funds committed in their regard by the contractor, the employees or agents of the contractor or, in the case of a partnership or corporation, by its members or directors. The terms and conditions, amount and form of such security and the manner in which it shall be used, shall be determined by regulation.

1979, c. 2, s. 8.

35. Every person whose principal establishment is situated outside Québec and who wishes to carry out construction work or cause it to be carried out in Québec must obtain a temporary licence from the board, issued in accordance with the regulations, permitting him to carry out such construction work or to cause it to be carried out.

To obtain, retain or renew a licence, the applicant must elect domicile in Québec.

The applicant must furnish any security required under section 34 or 34.1 and conform to the other requirements of the board.

1975, c. 53, s. 35; 1980, c. 2, s. 4.

36. In the case of a partnership or corporation, the licence must mention the name of the physical person or persons through whom it qualifies.

Licences shall be untransferable.

1975, c. 53, s. 36.

37. The holder of a licence who ceases to be entitled thereto must inform the board in writing within the fifteen days following the date on which his entitlement terminates.

In the case of the death or placing under protective supervision of the licence holder, such obligation devolves to the testamentary executor, heirs or legatees, the administrator of the estate, the legal representative of the deceased or to the curator, tutor or adviser to the person of full age, as the case may be.

1975, c. 53, s. 37; 1989, c. 54, s. 184.

38. The person who ceases to qualify the holder of a licence must be replaced within sixty days. In the case of death, the delay for his replacement is extended to three months.

The holder of a licence may carry on its activities during such interval unless the board suspends the licence under another provision of this act.

In the case of death, the testamentary executor, the heirs or legatees, the administrator of the estate or the legal representative of the deceased, as the case may be, may carry on its activities for not more than three months from the date of death, unless the licence is suspended by the board under another provision of this act.

1975, c. 53, s. 38.

39. The amalgamation, sale, transfer or change of name of a firm or of partners of a partnership must be notified to the board within thirty days.

1975, c. 53, s. 39.

40. Every licence expires one year after the date of its issue; it may be renewed on the conditions prescribed by regulation. The board may, by regulation, determine cases of exemption from the examinations contemplated in the first paragraph of section 31.

The board may, however, issue a licence for a lesser period if it considers it in the public interest, or for administrative reasons.

1975, c. 53, s. 40; 1979, c. 2, s. 9.

41. The board must keep a register in which the names and addresses of licence holders and of persons qualifying partnerships or corporations shall be entered, together with the categories or subcategories to which the licences belong.

1975, c. 53, s. 41; 1982, c. 58, s. 66.

42. The duties collected for the issue and renewal of licences shall be remitted to the Minister of Finance by the board.

1975, c. 53, s. 42.

DIVISION IV CANCELLATION AND SUSPENSION OF LICENCES

43. Upon a written complaint, the board may suspend or cancel any licence if it is established to its satisfaction:

(a)  that the holder no longer fulfils the conditions necessary to the issue of the licence;

(b)  that the holder, one of the directors of the corporation or one of the members of the partnership:

i.  is insolvent within the meaning of the Bankruptcy Act (Revised Statutes of Canada, 1985, chapter B-3) and if the solvency of the corporation or partnership is thereby impaired;

ii.  does not meet the requirements of this Act or the regulations respecting the security which licence holders must furnish;

iii.  has infringed this Act or the regulations adopted for its application;

iv.  has been convicted by a court of competent criminal jurisdiction of criminal negligence causing death or bodily harm to a worker;

v.  has been convicted, by a competent court of criminal jurisdiction, of murder, attempted murder, manslaughter, robbery, extortion, arson, breaking and entering, fraudulent conversion of funds, kidnapping, intentionally causing bodily harm with intent to wound, maim or disfigure a person or endanger the life of any person, common assault, mischief, assault that causes bodily harm, theft, intimidation, trafficking in drugs, fraud, fraudulent misappropriation or of conspiracy to commit any of such acts;

vi.  has been convicted more than once of offences against the Act respecting occupational health and safety (chapter S-2.1) or against the regulations adopted under the said Act. Such suspension or cancellation shall be imposed only in accordance with the regulations that the board, in collaboration with the Commission de la santé et de la sécurité du travail, established by the Act respecting occupational health and safety, may make to determine the number or the seriousness of such offences justifying such suspension or cancellation.

1975, c. 53, s. 43; 1979, c. 63, s. 301.

44. The board may also cancel any licence issued or renewed on the basis of a false declaration or the distortion of facts by the holder.

1975, c. 53, s. 44.

44.1. The board may, on its own authority, revise the correction and the results of the examinations administered by the Corporation des maîtres électriciens du Québec under section 12.2 of the Master Electricians Act (chapter M-3) or by the Corporation des maîtres mécaniciens en tuyauterie du Québec under section 11.2 of the Master Pipe-Mechanics Act (chapter M-4) and, where applicable, substitute its own correction and the results thereby obtained.

A person who has undergone the examinations contemplated in the first paragraph may also request the board to make a revision under this section. The application to that effect must be sent to the board by registered letter within thirty days of the receipt of a copy of the board’s decision by registered mail. If the board, as a result of the revision, ascertains that the person passed the examinations, it may revise its decision.

1980, c. 2, s. 5.

45. Every interested person may request the board to revise any decision it has rendered which has not been appealed to the Court:

(a)  to present new facts which, if they had been known in due time, could have warranted a different decision;

(b)  when, being a party to the dispute, he was not able, for reasons considered sufficient, to be heard;

(c)  to rectify any clerical error.

The application to that effect must be sent to the board by registered or certified letter within thirty days of the receipt of a copy of the decision by registered or certified mail.

1975, c. 53, s. 45; 1975, c. 83, s. 84.

45.1. The board may, by regulation, establish rules of practice for the purposes of sections 43, 44 and 45.

1980, c. 2, s. 6.

46. Every interested person may appeal to the Court from any decision rendered by the board.

The appeal must be lodged within thirty days of the date of the rendering of the decision by a notice, filed in the office of the court and served on the board, stating:

(a)  the name and domicile of the appellant;

(b)  the date and nature of the decision of the board;

(c)  the grounds of the appeal;

(d)  the conclusions sought.

1975, c. 53, s. 46; 1979, c. 2, s. 10.

47. The Court sitting in appeal may confirm, vary or quash any decision referred to it and render the decision which in its opinion should have been rendered in first instance.

Every decision rendered by the Court is final.

1975, c. 53, s. 47.

DIVISION V BANKRUPTCY

48. Every licence shall become void by the sole fact of the bankruptcy of its holder.

The board may also cancel a licence in the case of the bankruptcy of the physical person who qualifies the licence holder and in the case of the bankruptcy of a partner if the solvency of the partner or partnership, as the case may be, is thereby impaired.

However, the board may issue to the trustee in bankruptcy or the liquidator, as the case may be, a temporary licence authorizing him to complete the work contemplated by such temporary licence.

1975, c. 53, s. 48.

49. For the application of this Act, a person is bankrupt when a receiving order is made against him under the Bankruptcy Act (Revised Statutes of Canada, 1985, chapter B-3) when he makes an assignment within the meaning of the said Act, and, in the case of a corporation, when a winding-up order is granted against it, under the Winding-up Act (Revised Statutes of Canada, 1985, chapter W-1), for insolvency within the meaning of the said Act.

1975, c. 53, s. 49.

50. (Repealed).

1975, c. 53, s. 50; 1979, c. 2, s. 11.

51. (Repealed).

1975, c. 53, s. 51; 1979, c. 2, s. 11.

52. No licence may be issued to a person who has been sentenced to imprisonment for an offence against the Bankruptcy Act, before the expiry of five years from the date of the sentence.

1975, c. 53, s. 52.

DIVISION VI OWNER-BUILDERS

53. Unless otherwise provided, every owner-builder must obtain a licence before undertaking construction work, except where he causes a licensed general contractor to execute the work.

For the application of the preceding paragraph, the expression “general contractor” means a contractor whose principal activity consists of organizing or coordinating construction work entrusted to persons under his orders or to contractors to execute.

1975, c. 53, s. 53.

54. Such licence is obtained upon payment of the duties exigible and upon such other conditions as are fixed by the act and the regulations. It is limited to the work envisaged and to the duration of such work.

1975, c. 53, s. 54.

55. Subject to the other requirements of this act, an owner-builder’s licence is not required of an individual who himself carries out, in whole or in part, construction work

(a)  in regard to a house intended for habitation by himself and his family exclusively, or

(b)  in regard to works other than a dwelling intended for his personal use or that of his family and not contemplated by the Public Buildings Safety Act (chapter S-3) or the Act respecting occupational health and safety (chapter S-2.1).

1975, c. 53, s. 55; 1979, c. 2, s. 12; 1979, c. 63, s. 333.

56. The board may, by regulation, determine the cases not provided for in section 55 where owner-builders shall be exempt from the obligation of obtaining a licence.

1975, c. 53, s. 56.

57. The other requirements of this act apply mutatis mutandis to the licence contemplated in section 53.

1975, c. 53, s. 57.

DIVISION VII REGULATIONS

58. The board may make regulations:

(a)  to determine the duties exigible for the issue and renewal of licences and the investigation costs payable by persons concerning whom an investigation has been made;

(a.1)  generally or specially delegate the exercise of the powers assigned to the board for the renewal of licences to the general manager or his designee.

(b)  to form any advisory committee or subcommittee;

(c)  to determine the qualifications required of a natural person qualifying a partnership or a corporation and the conditions he must fulfil for such purpose and the information he must then furnish;

(d)  to determine the qualifications required of a person applying for the issue or renewal of a licence and the conditions he must fulfil for such purpose and the information he must then furnish;

(e)  to determine the form and tenor of licences and licence applications;

(f)  to determine the information which may be required from licence holders;

(g)  to determine the categories of licences, in particular general contractor’s and specialized contractor’s licences, and the subcategories of licences, and the conditions and restrictions relating to each category and subcategory;

(h)  to allow an individual to qualify more than one partnership or corporation to obtain a licence;

(i)  to enable individuals to hold a licence while qualifying a partnership or a corporation to obtain a licence;

(j)  to determine the form and tenor of the reports which the inspectors must make to the board;

(k)  to determine, subject to section 55, the cases where owner-builders are exempt from obtaining a licence;

(l)  to determine the categories of construction work and residential buildings for the purposes of section 34;

(m)  to require security, for the purposes of the first paragraph of section 34, and determine the obligations it covers and to what extent they are so covered;

(n)  to require security, for the purposes of the second paragraph of section 34, and provide that the indemnification shall be made as the surety may choose, either by the payment of a sum of money or by the carrying out of the work;

(o)  to determine the terms and conditions, amounts and form of the security contemplated in section 34;

(p)  to establish and indemnity fund as contemplated in the fourth paragraph of section 34 and determine the manner in which the contractors must subscribe or contribute to it;

(q)  to require security for the purposes of section 34.1 and determine its terms and conditions, amount, form and the manner in which it is to be used;

(r)  to require every applicant for a contractor’s licence or, in the case of a partnership or corporation, every qualifying person, to pass examinations, determine the subject matter of the examinations, in particular in the fields of administrative and technical knowledge or knowledge related to safety on construction sites, determine the conditions of admission to or exemption from them, and provide which cases of renewal of a licence entail exemption from those examinations;

(s)  to determine the cases where a natural person may hold more than one licence;

(t)  to establish rules of practice for the purposes of sections 43, 44 and 45.

1975, c. 53, s. 58; 1979, c. 2, s. 13; 1980, c. 2, s. 7; 1983, c. 26, s. 21.

58.1. The board shall obtain the opinion of the Commission de la santé et de la sécurité du travail in making any regulation respecting the knowledge or pertinent experience in the field of occupational health and safety that a natural person must demonstrate to obtain a licence, or to empower a partnership or a corporation for that purpose.

1979, c. 63, s. 302.

59. The regulations shall be forwarded to the Minister and submitted, with or without amendment, to the Government for approval.

1975, c. 53, s. 59.

60. Before receiving approval, every regulation must be preceded by a draft published in the Gazette officielle du Québec with a notice specifying that any objection to the approval of the regulation must be made within thirty days.

1975, c. 53, s. 60.

61. The Minister may order the holding of an inquiry into the merits of any objection filed pursuant to the notice provided in section 60.

1975, c. 53, s. 61.

62. After the aforementioned delay has expired, or after the aforementioned inquiry has been held, as the case may be, the Government shall approve the regulation, with or without amendment.

1975, c. 53, s. 62.

63. The regulations shall come into force on publication of a notice of their approval in the Gazette officielle du Québec or on any later date mentioned therein.

1975, c. 53, s. 63.

64. The Government may also make regulations itself and repeal or amend any regulation when it considers that the public interest demands it.

Sections 60, 61, 62 and 63 apply mutatismutandis to every regulation made by the Government under sections 3 and 77 and this section.

1975, c. 53, s. 64.

65. (Repealed).

1975, c. 53, s. 65; 1987, c. 68, s. 101.

DIVISION VIII OFFENCES AND PENALTIES

66. Every person is guilty of an offence who:

(a)  makes a false declaration in an application for the issue of a licence;

(b)  makes a false entry in a register, falsifies a document prescribed by this Act, or uses such an entry or such a document when he knows it is false;

(c)  hinders or attempts to hinder an inspector or any other person, fails to comply with an order received or otherwise prevents them from carrying out their duties under this Act;

(d)  infringes a prescription of this Act or of a regulation made thereunder;

(e)  uses the name of another person holding a licence or uses the licence number of that person to carry out or cause the carrying out of construction work.

1975, c. 53, s. 66; 1979, c. 2, s. 14.

67. Every holder of a licence is guilty of an offence who:

(a)  ceases or interrupts, without legitimate reason, construction work in progress, so causing prejudice to the interested persons;

(b)  by fraud, or by fraudulent misuse or misappropriation of funds on his part, causes damage to other persons;

(c)  lends his name to a third person who does not hold a licence in order that such person carry out construction work or cause it to be carried out.

1975, c. 53, s. 67.

68. Every person who is guilty of an offence contemplated in sections 66 and 67 is liable, if no other penalty is provided for such offence:

(a)  in the case of an individual to a fine of not more than $700;

(b)  in the case of a corporation to a fine of not more than $1 400;

(c)  for every subsequent offence within two years, to a fine the amount of which must be equal to twice the maximum fine provided for in paragraph a or b, as the case may be.

1975, c. 53, s. 68; 1986, c. 58, s. 87; 1990, c. 4, s. 725; 1991, c. 33, s. 113.

69. Every person who infringes section 25 or 53 is guilty of an offence and liable:

(a)  in the case of an individual, to a fine of not less than $700 nor more than $1 400;

(b)  in the case of a corporation, to a fine of not less than $1 400 nor more than $2 800.

1975, c. 53, s. 69; 1986, c. 58, s. 88; 1990, c. 4, s. 726; 1991, c. 33, s. 114.

70. Every person who aids in or counsels the committing of any offence is a party thereto and liable to the same penalty as that provided for the person who commits the offence.

When a corporation is guilty of an offence, every director, administrator, officer or manager who, in any manner, approves the act constituting the offence or acquiesces therein is guilty of the offence.

1975, c. 53, s. 70.

71. Every transfer of a licence in contravention to section 36, every contravention of or failure to comply with section 37, 38 or 39 shall of right cancel the licence or the temporary licence, as the case may be.

In addition, the contravener is liable to the penalties provided by this act.

1975, c. 53, s. 71.

72. (Repealed).

1975, c. 53, s. 72; 1983, c. 26, s. 22; 1990, c. 4, s. 727.

72.1. Where a person commits an infraction under this Act, an inspector contemplated in section 19 or 19.1 may give him an infraction ticket. This ticket is an information.

1983, c. 26, s. 23.

72.2. The infraction ticket describes the infraction, specifies the minimum fine and the amount of the costs, and indicates to the contravener that he may pay the required amount within 10 days at the place indicated.

1983, c. 26, s. 23.

72.3. If the contravener pays the required amount in the prescribed time at the place indicated, he is considered to have pleaded guilty. In no case, however, may this payment be considered an avowal of civil liability.

If the contravener fails to make the payment, he shall be issued a summons.

1983, c. 26, s. 23.

72.4. The amount of the costs provided for in section 72.2 is determined by government regulation. Sections 60 to 63 do not apply to the regulation.

The regulation comes into force on the tenth day after its publication in the Gazette officielle du Québec or on any later date fixed therein.

1983, c. 26, s. 23.

73. Every penal proceeding under this Act shall be instituted by the board or a person authorized by it for such purpose.

1975, c. 53, s. 73; 1990, c. 4, s. 728.

74. No evidence is admissible to establish that an investigation has been made or a proceeding instituted following an information or to identify the author thereof.

1975, c. 53, s. 74; 1990, c. 4, s. 729.

75. In addition to the penal proceedings provided for hereinabove, an action may be instituted by the board or a person authorized by it for such purpose before a competent court of civil jurisdiction in recovery of the duties payable under this act and the regulations.

1975, c. 53, s. 75.

DIVISION IX MISCELLANEOUS, TRANSITIONAL AND FINAL PROVISIONS

76. This act shall apply to the persons who must be members of the Corporation of Master Electricians of Québec contemplated in chapter M-3, and of the Corporation of Master Pipe-Mechanics of Québec contemplated in chapter M-4, only from 1 April 1980 or from any earlier date fixed by proclamation of the Government.

1975, c. 53, s. 76.

77. Notwithstanding any provision of any other act inconsistent herewith, the Government may, by regulation, exempt from the obligation of holding a licence under the Act respecting electrical installations (chapter I-13.01) or the Act respecting piping installations (chapter I-12.1) any person not contemplated in section 76.

1975, c. 53, s. 77; 1975, c. 53, s. 132.

78. Every contractor contemplated in section 76 or in section 77 who holds a licence under the Act respecting electrical installations (chapter I-13.01) or under the Act respecting piping installations (chapter I-12.1) is entitled, from the date he becomes subject to this act, to obtain from the board, upon application and after payment of the duties exigible, a licence appropriate to the corresponding category and subcategory of work. Furthermore, a contractor contemplated in section 76 must, to obtain the licence, make proof of payment of the entrance dues and annual assessment required to be a member of either of the corporations mentioned in that section.

However, no licence obtained under the first paragraph may be renewed except on the conditions prescribed by this act for the renewal of a licence.

1975, c. 53, s. 78; 1979, c. 2, s. 15; 1980, c. 2, s. 8; 1975, c. 53, s. 132.

79. Every contractor other than those contemplated in section 76 or in section 77 who has forwarded to the Office de la construction du Québec, within the twelve months preceding 15 November 1975, a monthly report in accordance with the Act respecting labour relations in the construction industry (chapter R-20) and whose name appears on a list furnished for that purpose by the Office on a request by the board is entitled, from 15 November 1975, to obtain from the board, upon application and after payment of the duties exigible, a licence appropriate to the category and subcategory of construction work that he was generally carrying out before 15 November 1975.

However, such contractors must apply therefor in writing to the board before 15 May 1976.

1975, c. 53, s. 79; 1975, c. 51, s. 37.

80. Notwithstanding sections 76, 77 and 79, every contractor is subject to section 34 from 15 November 1975.

However, such contractor shall have a delay of one year from 15 November 1975 to furnish such security.

1975, c. 53, s. 80.

81. Sections 78 and 79 do not apply to a contractor:

(a)  who was bankrupt within the meaning of section 49 and who was not discharged before 15 November 1975 or, in the case of section 76, before 1 April 1980 or any earlier date fixed by proclamation of the Government or, in the case provided for in section 77, before the date he became subject to this act;

(b)  who was, or one of whose directors or partners was, during the five years preceding 15 November 1975 or, in the case of section 76, 1 April 1980 or any earlier date fixed by proclamation of the Government or, in the case provided for in section 77, before the date he became subject to this act, convicted of criminal negligence causing death or bodily harm to a worker or of fraud or fraudulent misuse or misappropriation of funds;

(c)  who is not liberated from a judgment for debts incurred in debts incurred in the carrying out of construction work.

1975, c. 53, s. 81.

82. No licence shall be exigible in regard to construction work on any works or building commenced by an owner-builder before 15 November 1975 and terminated within six months of such date.

1975, c. 53, s. 82.

83. The Minister of Housing and Consumer Protection shall have charge of the carrying out of this Act.

1975, c. 53, s. 135; 1981, c. 10, s. 21.

The Minister of Labour exercises the functions of the Minister of Housing and Consumer Protection in respect with the application of this Act. O.C. 2645-85 of 85.12.13, (1986) 118 G.O. 2 (French), 169.

84. (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 SCHEDULES

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 53 of the statutes of 1975, in force on 31 December 1977, is repealed, except sections 83 to 134, 136 and 137, effective from the coming into force of chapter Q-1 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 83, 84, 86 to 91, 96, 97, 100 to 120, 123 to 131 of chapter 53 of the statutes of 1975, in force on 1 November 1980, are repealed effective from the coming into force of the updating to 1 November 1980 of chapter Q-1 of the Revised Statutes.