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

À jour au 8 septembre 1999

Ce document a valeur officielle.

chapter R-20

Act respecting labour relations, vocational training and manpower management in the construction industry

1986, c. 89, s. 1.

CHAPTER I DEFINITIONS

1. In this Act, unless the context requires a different meaning, the following words and expressions mean:

(a)  “association” : a professional union representing construction employees or any unincorporated group of construction employees, a trades council, a provincial trades council or a federation or confederation of such unions, groups or councils, having for its object the study, defence and development of the economic, social and educational interests of its members and which has jurisdiction throughout Québec in respect of all construction trades and employments;

(b)  “representative association” : an association to which the Commission has issued the certificate provided for in section 34;

(c)  “employers’ association” : the Association of Building Contractors of Québec;

(c.1)  “contractors’ associations” : the Association provinciale des constructeurs d’habitations du Québec inc., the Association de la construction du Québec, the Association des constructeurs de routes et grands travaux du Québec, the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec;

(c.2)  “sector-based employers’ association” : for the residential sector, the Association provinciale des constructeurs d’habitations du Québec inc., for the institutional and commercial sector and the industrial sector, the Association de la construction du Québec, and for the civil engineering and roads sector, the Association des constructeurs de routes et grands travaux du Québec;

(d)  “Commission” : the Commission de la construction du Québec;

(e)  “Committee” : the Joint Committee on Construction;

(e.1)  “Committee on vocational training” : the Committee on vocational training in the construction industry;

(f)  “construction” : the foundation, erection, maintenance, renewal, repair, alteration and demolition word on buildings and civil engineering works carried out on the job site itself and vicinity including the previous preparatory work on the ground;

In addition, the word “construction” includes the installation, repair and maintenance of machinery and equipment, work carried out in part on the job site itself and in part in the shop, moving of buildings, transportation of employees, dredging, turfing, cutting and pruning of trees and shrubs and laying out of golf courses, but solely in the cases determined by regulation;

(g)  “collective agreement”: an agreement in writing respecting the conditions of employment made for a sector between the negotiating parties of that sector;

(h)  (paragraph repealed);

(i)  “dispute”: a disagreement respecting the negotiation or renewal of a collective agreement or respecting the revision thereof by the parties pursuant to a clause providing expressly therefor;

(j)  “employer” : anyone, including the Gouvernement du Québec, who has work done by an employee;

(k)  “professional employer” : an employer whose main activity is to do construction work and who habitually employs employees for any kind of work which is the object of a collective agreement;

(k.1)  “independent contractor” : a natural person, a corporation or a partnership holding a specialized contractor’s licence issued under the Building Act (chapter B-1.1) who or which, for others and without the assistance of an employee, carries out personally or, as the case may be, of which a director, a shareholder holding at least one voting share or a partner personally carries out for the benefit of the corporation or partnership,

i.  construction work defined in this Act, if the licence pertains to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategories;

ii.  maintenance, repair and minor renovation work defined in this Act, if the licence pertains to any other subcategory;

(l)  “agricultural exploitation” : a farm habitually developed by the farmer himself or through fewer than three full-time employees;

(m)  “strike” : the concerted cessation of work by a group of employees;

(n)  “grievance” : any disagreement relating to any of the matters mentioned in section 62;

(o)  “lock-out” : the refusal by an employer to give work to a group of his employees in order to compel them, or the employees of another employer, to accept certain conditions of employment;

(p)  “Minister” : the Minister of Labour;

(p.1)  “occupation” : any activity not included in a trade within the meaning of a regulation made under paragraph 2 of section 123.1;

(q)  “wage” : the remuneration in currency, and the indemnities or benefits of a pecuniary value as determined in a collective agreement;

(r)  “employee” : any apprentice, unskilled labourer or workman, skilled workman, journeyman or clerk working for an employer and entitled to wages;

(s)  “permanent employee” : any employee who habitually does maintenance work on buildings or civil engineering works and any employee who has been doing production work in an establishment for at least 6 months;

(t)  “complementary social benefits plan” : a social security plan established by a collective agreement or a regulation for the purpose of giving effect to a clause of a collective agreement, especially a supplemental pension, life, sickness or salary insurance plan or any other group insurance or protection plan;

(u)  (paragraph repealed);

(v)  “civil engineering and roads sector” : the sector of construction of public or private utility works in the general interest, including installations, equipment and buildings physically attached or not to such works, and in particular the construction of roads, waterworks, sewers, bridges, dams, power lines and gas pipelines;

(w)  “industrial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for the carrying on of an economic activity involving the development of mineral resources, the processing of raw materials and the production of goods;

(x)  “institutional and commercial sector” : the sector of construction of buildings, including installations and equipment physically attached or not to such buildings, reserved primarily for institutional or commercial purposes as well as any construction that cannot be included in the residential, industrial and civil engineering and roads sectors;

(y)  “residential sector” : the sector of construction of buildings or complexes of adjoining buildings, including installations and equipment physically attached or not to the buildings, at least 85 % of the area of which, excluding parking space, is reserved for residential use, and the number of aboveground storeys of which, excluding any part of the basement and reckoned from any side of the building or complex, does not exceed six in the case of new buildings or eight in other cases.

Subparagraphs v to y of the first paragraph do not apply to the determination of the scope of this Act.

1968, c. 45, s. 1; 1970, c. 35, s. 1; 1971, c. 46, s. 1; 1973, c. 28, s. 1; 1975, c. 51, s. 1; 1975, c. 19, s. 12; 1977, c. 5, s. 14; 1979, c. 2, s. 16; 1981, c. 9, s. 34; 1982, c. 53, s. 56; 1986, c. 89, s. 2, s. 50; 1988, c. 35, s. 1; 1991, c. 74, s. 162; 1992, c. 42, s. 1; 1993, c. 61, s. 1; 1994, c. 12, s. 51; 1993, c. 61, s. 1; 1995, c. 8, s. 1; 1996, c. 29, s. 43; 1999, c. 13, s. 8.

1.1. The word “construction” defined in subparagraph f of the first paragraph of section 1 includes and has always included the laying of resilient floor coverings that are an integral part of the building.

1995, c. 8, s. 2.

CHAPTER II COMMISSION DE LA CONSTRUCTION DU QUÉBEC, JOINT COMMITTEE ON CONSTRUCTION AND COMMITTEE ON VOCATIONAL TRAINING IN THE CONSTRUCTION INDUSTRY

1986, c. 89, s. 3.

DIVISION I COMMISSION

1986, c. 89, s. 3.

§ 1 . — Establishment and organization

1986, c. 89, s. 3.

2. The “Commission de la construction du Québec” is hereby established.

1975, c. 51, s. 2; 1986, c. 89, s. 3.

3. The Commission is a corporation within the meaning of the Civil Code of Lower Canada.

In addition to the powers conferred on it by this Act, the Commission may

(1)  acquire, hold, improve, lease and alienate by onerous title any property;

(2)  borrow money;

(3)  notwithstanding the provisions of the Civil Code of Lower Canada, hypothecate, mortgage or pledge, while retaining possession thereof, cede or transfer its property to secure the payment of the bonds or securities issued, give a part only of such guarantees for the same objects, and constitute any hypothec, mortgage or pledge by trust deed in accordance with the Special Corporate Powers Act (chapter P-16);

(4)  accept any gift, legacy or other liberality by entirely gratuitous and unconditional title.

1975, c. 51, s. 2; 1986, c. 89, s. 3; 1992, c. 42, s. 2.

3.1. The Commission shall have its head office at the place determined by the Government. Notice of the location or of any change of location of the head office shall be published in the Gazette officielle du Québec. The Commission may hold its sittings anywhere in Québec.

1986, c. 89, s. 3.

3.2. The Commission shall be composed of a board of directors consisting of 17 members including the chairman.

Except the chairman, the members of the board of directors shall be appointed in the following manner:

(1)  six members after consultation with the contractors’ associations;

(2)  six members after consultation with the representative associations;

(3)  three members on the recommendation of the Minister;

(4)  (subparagraph replaced);

(5)  one member on the recommendation of the Minister of Education.

1986, c. 89, s. 3; 1992, c. 44, s. 81; 1993, c. 51, s. 72; 1993, c. 61, s. 2; 1994, c. 12, s. 52; 1994, c. 16, s. 50; 1995, c. 8, s. 3.

3.3. The members of the board of directors shall be appointed by the Government for not over five years.

At the end of their terms, the members shall remain in office until they are replaced or reappointed.

1986, c. 89, s. 3.

3.4. Any vacancy on the board of directors shall be filled in accordance with the prescribed mode of appointment to the office that is vacant.

1986, c. 89, s. 3.

3.5. If the chairman is temporarily absent or unable to act, the Government shall designate one of the members to replace him and exercise all his powers.

If a member other than the chairman is temporarily absent, the Government may appoint, in accordance with the prescribed mode of appointment applicable to that member, a person to replace him in the interim, on such conditions as it may determine.

1986, c. 89, s. 3.

3.6. The chairman shall see to it that the decisions of the board are carried out and he shall be responsible for the administration and management of the Commission within the scope of its regulations and guidelines.

The chairman is ex officio the chief executive officer of the Commission and shall perform his duties on a full-time basis.

1986, c. 89, s. 3.

3.7. The Government shall determine the salary and other conditions of employment of the chairman.

The other members of the board are not remunerated except in such cases, on such conditions and to such extent as may be determined by the Government.

They are entitled, however, to the reimbursement of the expenses they incur in the performance of their duties on such conditions and to such extent as may be determined by the Government.

The sums required for the carrying out of this section shall be paid by the Commission.

1986, c. 89, s. 3.

3.8. Under pain of forfeiture of office, the chairman shall have no direct or indirect interest in any undertaking placing his personal interest in conflict with that of the Commission.

Forfeiture of office shall not occur, however, if such interest devolves to him by succession or gift provided he renounces or disposes of it with all possible dispatch.

Every member of the board of directors, other than the chairman, who has any direct or indirect interest in an undertaking placing his personal interest in conflict with that of the Commission shall, under pain of forfeiture of office, disclose his interest to the chairman in writing and abstain from sitting on the board and taking part in any discussion or decision when a matter pertaining to the undertaking in which he has an interest is being debated.

1986, c. 89, s. 3.

3.9. A majority or more of the appointed members, including the chairman, is a quorum at sittings of the board of directors.

The chairman is not entitled to vote except in case of a tie-vote.

1986, c. 89, s. 3.

3.10. The board of directors may set up two administrative committees:

(1)  the administrative committee on labour relations;

(2)  the administrative committee on vocational training.

1986, c. 89, s. 3.

3.11. The administrative committee on labour relations shall consist of

(1)  the chairman;

(2)  a representative of the sector-based employers’ associations who sits on the board;

(3)  a representative of the representative associations who sits on the board;

(4)  the two representatives appointed to the board of directors on the recommendation by the Minister.

The administrative committee on labour relations shall perform the functions entrusted to it by the board of directors in matters relating to labour relations, except those functions that the board of directors is required to perform by regulation.

1986, c. 89, s. 3; 1993, c. 61, s. 3; 1994, c. 12, s. 53.

3.12. The administrative committee on vocational training shall consist of

(1)  the chairman;

(2)  a representative of the contractors’ associations who sits on the board;

(3)  a representative of the representative associations who sits on the board;

(4)  the two representatives appointed to the board of directors on the recommendation of the Minister and the Minister of Education, respectively.

The administrative committee on vocational training shall perform the functions entrusted to it by the board of directors in matters relating to vocational training, except those functions that the board of directors is required to perform by regulation.

1986, c. 89, s. 3; 1992, c. 44, s. 81; 1993, c. 51, s. 72; 1994, c. 12, s. 54; 1994, c. 16, s. 50.

§ 2 . — Functions and powers

1986, c. 89, s. 3.

4. The function of the Commission is to administer this Act and in particular

(1)  see to it that the collective agreement in force under this Act is respected;

(2)  supervise and control the application of this Act and the regulations and more particularly the observance of the norms relating to the hiring of workers and labour mobility in the construction industry;

(3)  verify the qualifications of the workers of the construction industry;

(4)  organize and supervise the holding of a vote on union affiliation and ascertain the representativeness of the associations referred to in section 28 or make an agreement with any person to entrust him with a mandate for that purpose;

(5)  see to the implementation, within the scope of the policies on manpower in the construction industry approved by the Government, of the measures and programs relating to the vocational training of the employees and the employers who personally perform construction work;

(6)  administer supplemental fringe benefit plans in accordance with this Act;

(7)  maintain a service for auditing the books of accounts of contractors to examine and verify the receipt of the contributions and levies prescribed under this Act or under a collective agreement made under this Act;

(8)  set up and administer any compensation fund considered necessary by the parties to insure each employee of the payment of his salary and of all fringe benefits;

(9)  administer any fund the parties consider necessary for training purposes.

In the performance of its functions, the Commission shall cooperate in the fulfilment of the commitments of the Government of Québec under intergovernmental agreements respecting labour mobility or the mutual recognition of qualifications, skills and work experience for construction trades and occupations; the Commission shall also work towards the elimination of any unreported work or any work carried out in contravention of this Act and, at the request of the Minister of Revenue, cooperate in the application of the fiscal laws in the construction industry.

1975, c. 51, s. 2; 1979, c. 2, s. 17; 1986, c. 89, s. 3; 1988, c. 35, s. 18; 1992, c. 42, s. 3; 1993, c. 61, s. 4; 1995, c. 8, s. 4; 1997, c. 85, s. 395.

4.1. The Commission may appoint the personnel necessary for the carrying out of its functions according to the staffing plan it establishes by regulation which requires the approval of the Government.

The Commission shall determine the powers and duties of its personnel and, subject to section 5, its remuneration.

1986, c. 89, s. 3; 1988, c. 35, s. 2.

5. The conditions of employment of the personnel of the Commission shall be determined at the provincial level.

If the conditions of employment are determined by way of negotiation, the collective agreement shall not be valid unless it is negotiated and approved on behalf of the personnel by representatives authorized by the association certified under the Labour Code (chapter C-27) and, on behalf of the Commission, by its representatives and by the Government or its representatives.

The conditions of employment of the personnel not governed by a collective agreement shall be fixed by the Commission in accordance with the standards it establishes by regulation which requires the approval of the Government.

If functionaries of the Government are assigned to the Commission, the chairman, with regard to them, shall exercise the powers of the chief executive officer of an agency within the meaning of the Public Service Act (chapter F-3.1.1).

The functionaries employed by the Commission shall benefit by a leave of absence without pay for the period during which they are in the employ of the Commission.

1975, c. 51, s. 2; 1977, c. 5, s. 14; 1978, c. 15, s. 133; 1983, c. 55, s. 161; 1986, c. 89, s. 50; 1988, c. 35, s. 3.

6. The minutes of the sittings, approved by the Commission and certified true by the chairman or by the secretary are authentic. The same applies to documents and copies emanating from the Commission or forming part of its records when they are signed by the chairman or secretary of the Commission.

1975, c. 51, s. 2; 1986, c. 89, s. 50.

7. In the performance of its duties, the Commission may, itself or through a person it designates, inquire into any matter within its competence.

The Commission shall have, for its inquiries, the power and immunities of a commissioner appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1975, c. 51, s. 2; 1986, c. 89, s. 50; 1992, c. 61, s. 529.

7.1. The Commission, or any person it authorizes for that purpose, may

(1)  enter, at any reasonable time, any place where construction work is carried on or an employer’s establishment;

(2)  require any information relating to the application of this Act or the regulations and to the application of the Building Act (chapter B-1.1) or the regulations with respect to the qualification of contractors and owner-builders, and the production of any relevant document for examination or reproduction.

Every person authorized to exercise the powers provided in the first paragraph shall, on request, identify himself and show the certificate of his capacity issued by the Commission.

1986, c. 89, s. 4; 1995, c. 8, s. 5.

7.2. Every person involved in any construction work shall take the necessary means to enable the Commission and any person authorized by it for that purpose to exercise the powers provided for in section 7.1.

1988, c. 35, s. 4.

7.3. The Commission may, in the exercise of its powers under section 7.1, request any person who carries out construction work or causes construction work to be carried out to prove to the Commission that he is the holder of the appropriate licence issued under the Building Act (chapter B-1.1) and, where applicable, of the appropriate competency certificate or proof of exemption issued under this Act and that any person whose services he hires to carry out construction work or whom he assigns to construction work is the holder of such a competency certificate or proof of exemption or, where applicable, of such a licence.

The Commission may also, in the same manner, request any person who carries out or causes to be carried out construction work under a public contract referred to in section 65.4 of the Building Act (chapter B-1.1) to prove to the Commission that the licence the person held on the date the person tendered for that contract following a call for tenders, or on the date the contract was awarded in other cases, did not contain any restriction as regards the obtention of a public contract.

The Commission shall make its request in writing and fix a time limit for compliance.

1995, c. 8, s. 6; 1997, c. 85, s. 396.

7.4. The person to whom a request under section 7.3 is addressed shall inform his client without delay.

If the person fails to comply within the time fixed, the Commission may, after providing interested persons informed of the request with an opportunity to express their views, order the suspension of the work to the extent it indicates.

The Commission shall make its decision in writing and send a copy to every interested person who expressed his views, and shall post a copy of the decision in a conspicuous place on the premises where the work is carried out.

1995, c. 8, s. 6.

7.4.1. No person may carry out or cause to be carried out construction work in contravention of a decision rendered under section 7.4.

1998, c. 46, s. 83.

7.5. The Commission may authorize the resumption of the suspended construction work upon proof by the person who intends to carry out the work or cause the work to be carried out that he is the holder of the appropriate licence issued under the Building Act (chapter B-1.1) and, where applicable, of the appropriate competency certificate or proof of exemption issued under this Act and that every person whose services he intends to hire to carry out the work or whom he intends to assign to such work is the holder of such a competency certificate or proof of exemption or, where applicable, of such a licence.

1995, c. 8, s. 6.

7.5.1. For the purposes of sections 7.3 and 7.5, a person who establishes that he is exempted by virtue of a regulation made under the second paragraph of section 123 is deemed to be the holder of a proof of exemption.

1996, c. 74, s. 30.

7.6. The powers provided for in sections 7.3 to 7.5 may be exercised by any member of the personnel of the Commission authorized by the Commission for that purpose. The person shall, on request, identify himself and show the certificate referred to in the second paragraph of section 7.1.

1995, c. 8, s. 6.

7.7. Every person who believes that he has been wronged by a decision rendered under section 7.4 may, within 10 days of being notified of the decision, apply for a review of the decision, to the construction industry commissioner.

Applications for review are heard and decided by preference.

Sections 21.2 to 23.1 apply to such applications for review.

1995, c. 8, s. 6; 1998, c. 46, s. 84.

7.8. The Commission may file a true copy of a decision rendered under section 7.4 at the expiry of the time allowed to apply for review or, if there has been a review, a true copy of a final decision of the construction industry commissioner or construction industry deputy-commissioner, at the office of the prothonotary of the Superior Court of the district in which the premises to which the decision pertains are situated.

Upon the filing of the true copy, the decision becomes enforceable as and has all the effects of a judgment of the Superior Court that is final and without appeal.

1995, c. 8, s. 6; 1998, c. 46, s. 85.

7.9. The Commission shall transmit to the Minister, at his request, the statistical data, reports or other information concerning the application of sections 7.3 to 7.8, within the time and in the form he determines.

1995, c. 8, s. 6.

7.10. No judicial proceeding may be instituted against the Commission or any person referred to in section 7.1 or 7.6 by reason of official acts performed in good faith in the performance of their duties.

1995, c. 8, s. 6.

8. The fiscal year of the Commission shall be the calendar year.

The expenses incurred by the Commission for its administration shall be charged to the Commission.

1975, c. 51, s. 2; 1986, c. 89, s. 50.

9. The Commission must, not later than 30 June each year, submit to the Minister a report of its activities for the preceding fiscal year.

The report must give an account of the use made of any training fund administered by the Commission under paragraph 9 of section 4 and to that effect, contain any information the Minister indicates.

It may, in addition, contain any proposal to promote the achievement, in the construction industry, of the object of the Act to foster the development of manpower training (chapter D-7.1), taking into account the manpower training development participation imposed by the Act on employers.

The Minister shall table the report before the National Assembly within 15 days of receiving it or, if the Assembly is not sitting, within 15 days of resumption.

1975, c. 51, s. 2; 1986, c. 89, s. 50; 1995, c. 43, s. 52.

10. The Commission must, at least two months before the beginning of each fiscal year, prepare its budget.

Before the beginning of the month preceding the beginning of the fiscal year, the budget shall be submitted to the Joint Committee on Construction and to the Committee on vocational training for approval. If the committees have not approved it on 31 December, the budget shall automatically come into force on 1 January.

1975, c. 51, s. 2; 1986, c. 89, s. 5, s. 50.

11. The accounts of the Commission shall be audited by the Auditor General every year and also whenever required by the Government.

The Commission must permit the examination, by the Auditor General, of any book of account relating to any complementary social benefits plan that it administers or causes to be administered pursuant to this Act.

1975, c. 51, s. 2; 1975, c. 19, s. 13; 1986, c. 89, s. 50; 1993, c. 61, s. 5.

12. The Commission shall submit to the Committee a quarterly report giving a statement of all the sums it has collected and their application.

1975, c. 51, s. 2; 1980, c. 23, s. 1; 1983, c. 13, s. 1; 1986, c. 89, s. 50.

13. The Commission shall give security by a guarantee policy for the administration of the funds entrusted to it and send it to the Minister.

1975, c. 51, s. 2; 1986, c. 89, s. 50.

14. The Commission must:

(a)  establish an office in each region where it considers that one is required for the efficient carrying out of its duties;

(b)  consider any written complaint from an employer or employee respecting the carrying out of its duties.

1975, c. 51, s. 2; 1986, c. 89, s. 50.

15. The Commission may make regulations for its internal management and for all purposes of its duties.

Such regulations shall be submitted to the Government for approval.

1975, c. 51, s. 2; 1986, c. 89, s. 50.

DIVISION II JOINT COMMITTEE

16. The Minister must establish a body designated under the name of “Joint Committee on Construction”.

The Committee may give its opinion on any dispute relating to the interpretation of a collective agreement and on any matter submitted to it by the Commission.

1975, c. 51, s. 2; 1983, c. 13, s. 2; 1986, c. 89, s. 50; 1993, c. 61, s. 6.

17. (1)  The Committee shall consist of twelve persons, six of whom represent the representative associations of employees and the other six of whom represent the employers’ association and the contractors’ associations.

(2)  Each of the associations of employees whose representativeness is 5% shall designate one member.

If the six places to which the representative associations of employees are entitled are not filled in this manner, they shall be filled, on the second round, to the extent of one additional member for each association of employees whose representativeness is 15% or more. Each association shall in turn exercise its right to appoint one member in order of representativeness until all the places are filled.

If any place remains unfilled, a third round shall be held in the same manner by the associations of employees whose representativeness is 30% or more.

(3)  The employers’ association and the contractors’ associations shall each designate one member.

(4)  Each representative association, the employers’ association and each contractors’ association shall also designate one substitute for each member they designate; such a substitute shall not attend a meeting unless the member he substitutes for is absent.

(5)  The Committee shall designate, for each meeting, a chairman from among the members present. Such chairman shall have the right to vote but shall not have a casting vote.

(6)  The minutes of the meetings of the Committee shall be prepared by a member of the personnel of the Commission.

Such minutes, approved by the Committee, are authentic.

They shall be sent to the Commission which may issue true copies under the signature of its chairman or secretary.

(7)  Three of the members designated by the employers’ association and the contractors’ associations and three of the members representing the representative associations of employees constitute a quorum of the Committee.

(8)  The associations entitled to designate members to the Committee must send to the Commission, within the month following the filing of the collective agreement as provided for in section 48, the names of such members, their terms of office and the names of the substitutes. Such terms shall be renewable and every vacancy shall be filled for the remainder of the term of the member to be replaced, in accordance with the same terms and conditions.

(9)  A decision or notice, to be valid, must be approved by both a union and employers’ majority. Each representative association has one vote exercisable by the whole group of its representatives, the relative value of which corresponds to the association’s representativeness.

(10)  (Subsection repealed).

(11)  No member of the Committee shall hold a remunerated employment with the Commission or receive a pecuniary or other benefit except in accordance with the regulations of the Commission approved by the Government.

(12)  The Committee may make rules for its internal management. Such rules must, to be valid, be approved by the Commission.

(13)  The Committee shall continue to exist after a collective agreement expires to such extent and for such time as the Minister considers appropriate.

1975, c. 51, s. 2; 1983, c. 13, s. 3; 1986, c. 89, s. 50; 1987, c. 110, s. 1; 1993, c. 61, s. 7; 1995, c. 8, s. 7.

18. Subject to any applicable legislative provision, the decisions of the Committee respecting the use of social security funds shall bind the Commission.

1975, c. 51, s. 2; 1986, c. 89, s. 50.

DIVISION III COMMITTEE ON VOCATIONAL TRAINING IN THE CONSTRUCTION INDUSTRY

1986, c. 89, s. 6.

18.1. The Minister shall set up the Committee on vocational training in the construction industry.

1986, c. 89, s. 6.

18.2. The Committee on vocational training shall advise the Commission on any matter relating to vocational training in the construction industry taking into consideration, in particular, the qualitative and quantitative requirements of the employers and employees of that industry.

It shall also make any proposal intended to promote the achievement, in the construction industry, of the object of the Act to foster the development of manpower training (chapter D-7.1), taking into account the manpower training development participation imposed by the Act on employers.

In addition, the Committee shall determine the general rules for the use of a training fund administered by the Commission under paragraph 9 of section 4.

1986, c. 89, s. 6; 1988, c. 35, s. 18; 1995, c. 43, s. 53.

18.3. The Committee on vocational training shall consist of 13 members.

1986, c. 89, s. 6; 1993, c. 61, s. 8; 1995, c. 8, s. 8.

18.4. The chairman of the Committee shall be designated by the chairman of the Commission from among the personnel of the Commission.

The employers’ association and the contractors’ associations shall each designate one member.

The representative associations shall each designate six members in the following manner:

(1)  each of the associations whose representativeness is 5% shall designate one member;

(2)  if the six places to which the representative associations are entitled are not filled in this manner, they shall be filled, on the second round, to the extent of one additional member for each association whose representativeness is 15% or more;

(3)  if there remain places to be filled, they shall be filled, on a third round, to the extent of one additional member for each association whose representativeness is 30% or more;

(4)  each representative association shall in turn exercise its right under paragraphs 1 to 3 in order of representativeness until all the places are filled.

1986, c. 89, s. 6; 1992, c. 42, s. 4; 1993, c. 61, s. 9; 1995, c. 8, s. 9.

18.5. A substitute shall be designated for each member of the Committee on vocational training. The substitute shall not attend a meeting unless the member he substitutes for is absent.

1986, c. 89, s. 6.

18.6. The name of every member and of his substitute must be transmitted to the Minister within thirty days of the issue of the certificate referred to in section 34.

1986, c. 89, s. 6.

18.7. The members and substitutes shall remain in office until they are replaced or reappointed.

1986, c. 89, s. 6.

18.8. The person who designated a member or a substitute to a seat that has become vacant shall transmit to the Minister the name of the person appointed to replace that member or substitute.

1986, c. 89, s. 6.

18.9. The chairman and three members representing the employers’ association and the contractors’ associations and three members representing the representative associations are a quorum at meetings of the Committee on vocational training.

1986, c. 89, s. 6; 1993, c. 61, s. 10; 1995, c. 8, s. 10.

18.10. To be valid, a decision or opinion must be approved by a majority of the members. The chairman is not entitled to vote.

1986, c. 89, s. 6; 1995, c. 43, s. 54.

18.10.1. The decisions by the Committee concerning the general rules for the use of a training fund administered by the Commission bind the Commission.

1995, c. 43, s. 55.

18.11. The minutes of the meetings shall be prepared by a member of the personnel of the Commission.

1986, c. 89, s. 6.

18.12. The Committee on vocational training may adopt rules for its internal management. The rules are subject to the approval of the Commission. The Committee may also set up any provincial or regional subcommittee on trades or on occupations or on any sector of the construction industry; such a committee may be composed of persons who are not members of the Committee on vocational training.

Section 18.14 applies to the members of a subcommittee.

1986, c. 89, s. 6.

18.13. No member of the Committee on vocational training, with the exception of the chairman, may hold remunerated employment with the Commission.

1986, c. 89, s. 6.

18.14. The members and substitutes are not remunerated except in such cases, on such conditions and to such extent as may be determined by the Government.

They are, however, entitled to the reimbursement of the expenses they incur in the performance of their duties on such conditions and to such extent as may be determined by the Government.

The sums required for the carrying out of this section shall be paid by the Commission.

1986, c. 89, s. 6.

DIVISION IV OTHER COMMITTEES

1997, c. 74, s. 2.

18.15. The Commission may establish any committee to give effect to the provisions of a collective agreement.

Where such a committee manages a fund established by a collective agreement, the expenditures related to the operation of the committee shall be borne by the fund.

1997, c. 74, s. 2.

CHAPTER III SCOPE AND CONSTRUCTION INDUSTRY COMMISSIONER

1998, c. 46, s. 86.

DIVISION I SCOPE AND CARRYING OUT OF CONSTRUCTION WORK

1998, c. 46, s. 86.

19. This Act shall apply to employers and employees in the construction industry but it shall not apply to:

(1)  agricultural exploitations;

(2)  maintenance and repair work done by permanent employees and by employees replacing them temporarily, hired directly by an employer other than a professional employer;

(3)  construction work on piping, sewers, paving, sidewalks and other work of the same kind done by the employees of urban communities and municipalities;

(4)  construction work relating directly to the exploration for or operation of a mine, done by employees of mining undertakings;

(5)  construction work relating directly to forest operations, done by employees of undertakings for forestry operations;

(6)  construction work on power transmission lines, done by the employees of Hydro-Québec;

(7)  (subparagraph repealed);

(8)  maintenance, renovation, repair and alteration work done by permanent employees engaged directly by the school boards and colleges contemplated in the Act respecting the process of negotiation of the collective agreements in the public and parapublic sectors (chapter R-8.2) and by the permanent employees engaged directly by the public institutions contemplated in the Act respecting health services and social services (chapter S-4.2) or in the Act respecting health services and social services for Cree Native persons (chapter S-5), and by employees engaged directly by such institutions to replace temporarily the permanent employees;

(9)  work carried out for a natural person, for his own account and for personal and strictly non-profit-making purposes, and consisting in

i.  maintenance, repair, renovation and alteration work in respect of a dwelling in which he lives;

ii.  the construction of a garage or a storage shed adjoining a dwelling in which he lives, whether contiguous thereto or not;

(10)  construction work relating to gutters, garage doors, central vacuum cleaner systems and landscaping, including yards, asphalt or concrete driveways or sidewalks, where the work is carried out in respect of a single-family dwelling by a person other than a professional employer or by an employee who ordinarily does not carry out construction work other than work referred to in this subparagraph;

(11)  the transport of bulk material effected by the holder of a single bulk material transport permit issued under the Transport Act (chapter T-12), where the truck operated under the permit is driven by the holder of the permit or, in the case of a legal person, by the administrator or principal shareholder of the legal person, or by a person who is replacing the permit holder, administrator or shareholder because he is temporarily physically disabled;

(12)  pavement marking on public or private roads.

In this Act and the regulations, an independent contractor is deemed to be an employer.

No professional employer may hire, directly or through an intermediary, the services of an independent contractor other than an independent contractor belonging to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategory for the purpose of carrying out construction work.

No person other than a professional employer may hire the services of an independent contractor who does not belong to the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcaterogy, except for the purpose of carrying out maintenance, repair and minor renovation work.

No person other than a professional employer may cause maintenance, repair and minor renovation work to be carried out simultaneously on the same job-site by more than one independent contractor belonging to any subcategory whatever, except the “Heavy equipment contractor” or “Excavation and earthwork contractor” subcategory.

An independent contractor shall require a remuneration at least equal, on an hourly basis, to the remuneration in currency and to the compensation or benefits having pecuniary value determined by a collective agreement for an employee doing similar work, except benefits relating to a complementary social benefits plan.

A person who carries out construction work as an independent contractor or as the designated representative of an independent contractor must have in his possession an attestation of the contractor’s membership in the employers’ association.

1968, c. 45, s. 2; 1970, c. 35, s. 2; 1973, c. 28, s. 2; 1977, c. 5, s. 14; 1978, c. 41, s. 28; 1979, c. 2, s. 18; 1985, c. 12, s. 99; 1986, c. 89, s. 7, s. 50; 1988, c. 35, s. 5; 1990, c. 85, s. 122; 1992, c. 42, s. 5; 1992, c. 21, s. 298; 1993, c. 61, s. 11; 1995, c. 8, s. 11; 1994, c. 23, s. 23; 1996, c. 2, s. 888; 1998, c. 46, s. 87; 1993, c. 61, s. 11.

19.1. For each corporation or partnership, only one director or a shareholder holding one or more voting shares in the corporation or only one member of the partnership may personally carry out construction work, as a representative of the corporation or partnership. He must then be designated in that capacity with the Commission.

The designated representative shall not, for the term of his designation, be an employee of the corporation or partnership which has designated him.

Every person other than the designated representative who personally carries out construction work for the benefit of the corporation or partnership is deemed to be an employee thereof for the purposes of this Act and the regulations.

The representative shall be designated on such conditions and in such manner as the Commission may determine by regulation.

The designated representative is deemed to be an employer for the purposes of sections 85.5 and 85.6.

1992, c. 42, s. 6.

19.2. No person may carry out construction work unless he is an employer, an employee, an independent contractor or a representative designated under section 19.1.

1992, c. 42, s. 6.

20. The Government may by regulation determine the cases contemplated in the second paragraph of paragraph f of section 1.

1970, c. 35, s. 2; 1973, c. 28, s. 3.

DIVISION II CONSTRUCTION INDUSTRY COMMISSIONER

1998, c. 46, s. 88.

§ 1 . — Jurisdiction and conciliation

1998, c. 46, s. 88.

21. Any difficulty in the interpretation or application of subparagraphs v to y of the first paragraph of section 1, of section 19 or of the regulations made under section 20 must be referred to the construction industry commissioner.

The construction industry commissioner shall also, on the application of any interested party, hear and settle jurisdictional conflicts which relate to the practice of a trade or occupation.

In addition, the construction industry commissioner shall rule on

(1)  proceedings instituted under section 164.1 of the Building Act (chapter B-1.1);

(2)  proceedings instituted under section 41.1 of the Act respecting manpower vocational training and qualification (chapter F-5);

(3)  proceedings instituted under section 35.2 of the Act respecting electrical installations (chapter I-13.01).

1970, c. 35, s. 2; 1984, c. 27, s. 89; 1995, c. 8, s. 12; 1998, c. 46, s. 89; 1999, c. 13, s. 9.

21.0.1. The construction industry commissioner to whom any proceeding, application or matter is referred under this Act or any other Act may refer the proceeding, application or matter to a construction industry deputy-commissioner.

1998, c. 46, s. 89.

21.0.2. The head office of the construction industry commissioner shall be situated in the territory of the Communauté urbaine de Québec at any place determined by the Government; notice of the address of the head office shall be published in the Gazette officielle du Québec.

The construction industry commissioner or a construction industry deputy-commissioner may sit at any other place in Québec.

1998, c. 46, s. 89.

21.0.3. Where the parties to a contestation referred to in the first or second paragraph of section 21 consent thereto, the construction industry commissioner may designate a person to meet the parties for conciliation purposes.

1998, c. 46, s. 89.

21.0.4. Unless the parties consent thereto, nothing said or written in the course of conciliation is admissible as evidence.

1998, c. 46, s. 89.

21.0.5. Every agreement shall be recorded in writing and any documents to which it refers shall be attached thereto. The agreement shall be signed by the conciliator and the parties; the parties are bound by the agreement.

The agreement shall be ratified by the construction industry commissioner to the extent that it is in conformity with the law. If that is the case, the agreement shall constitute the decision of the construction industry commissioner and shall terminate the proceedings.

The decision is mandatory and binds the parties.

1998, c. 46, s. 89.

21.0.6. Where no agreement is reached or the construction industry commissioner refuses to ratify the agreement, a hearing shall be held by the construction industry commissioner as soon as possible.

1998, c. 46, s. 89.

21.0.7. No conciliator may disclose or produce before a court, a body or a person exercising judicial or quasi judicial functions anything made known to or learned by the conciliator, or any personal notes or document prepared or obtained, in the performance of the conciliator’s duties.

Notwithstanding section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person shall have access to such a document unless the document is used to support the agreement and the decision ratifying it.

1998, c. 46, s. 89.

§ 2 . — Appointment and duties

1998, c. 46, s. 89.

21.1. The Government shall appoint a construction industry commissioner and construction industry deputy-commissioners for a fixed term of not more than five years.

1984, c. 27, s. 89; 1995, c. 8, s. 13; 1998, c. 46, s. 89.

21.1.0.1. Before taking office, the construction industry commissioner and every construction industry deputy-commissioner shall take the following oath: “I (...) swear that I will exercise the powers and fulfill the duties of my office impartially and honestly and to the best of my knowledge.”

The oath shall be taken before the commissioner. The commissioner shall take the oath before a judge of the Court of Québec.

The writing evidencing the oath shall be sent to the Minister.

1998, c. 46, s. 89.

21.1.1. The construction industry commissioner or a construction industry deputy-commissioner may, after the expiry of his term, continue to perform his duties of office in order to carry through to completion the matters which he has begun to hear but has yet to rule on.

1995, c. 8, s. 13; 1998, c. 46, s. 90.

21.1.2. The Government shall fix the remuneration, social benefits and other conditions of employment of the construction industry commissioner and construction industry deputy-commissioners.

Once fixed, the remuneration of the construction industry commissioner or construction industry deputy-commissioners shall not be reduced.

1995, c. 8, s. 13; 1998, c. 46, s. 90.

21.1.3. The construction industry commissioner or a construction industry deputy-commissioner may not, on pain of forfeiture of office, carry on an activity or put himself or herself in a situation incompatible with the exercise of the duties of commissioner or deputy-commissioner.

Furthermore, the construction industry commissioner or a construction industry deputy-commissioner may not, on pain of forfeiture of office, have a direct or indirect interest in an enterprise putting his personal interest in conflict with that of his office. However, such forfeiture is not incurred if the interest devolves to him by succession or gift, provided he renounces or disposes of it with dispatch.

1995, c. 8, s. 13; 1998, c. 46, s. 91, s. 135.

21.1.4. The commissioner and a deputy-commissioner appointed on a full-time basis are required to devote themselves exclusively to their duties.

However, they may carry out any mandate entrusted to them by order of the Government.

1998, c. 46, s. 92.

§ 3 . — Decisions, immunity and powers

1998, c. 46, s. 92.

21.2. As soon as the inquiry is terminated, the construction industry commissioner or the construction industry deputy-commissioner shall render his decision. The decision must be rendered in writing and substantiated.

1984, c. 27, s. 89; 1998, c. 46, s. 93.

22. No appeal lies from the decision of the construction industry commissioner or the construction industry deputy-commissioner; the decision binds the parties.

1970, c. 35, s. 2; 1983, c. 13, s. 4; 1984, c. 27, s. 89; 1998, c. 46, s. 94.

23. The construction industry commissioner and construction industry deputy-commissioners have, for the purposes of their inquiries, decisions or orders, the powers and immunities conferred upon a commissioner under sections 9 to 12, 16 and 17 of the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

1970, c. 35, s. 2; 1984, c. 27, s. 89; 1995, c. 8, s. 14; 1998, c. 46, s. 95.

23.1. The construction industry commissioner and construction industry deputy-commissioners have all the powers necessary for the exercise of their competence; they may make any order they deem appropriate to safeguard the rights of the parties and decide any question of law or fact.

1995, c. 8, s. 15; 1998, c. 46, s. 96.

23.2. The construction industry commissioner or a construction industry deputy-commissioner may, on his own initiative, if he considers it useful for the examination of any matter, visit, at any reasonable time, a construction site or any other premises related to the matter. He shall inform the person responsible for the premises and invite the parties to accompany him.

During a visit to the premises, the commissioner or deputy-commissioner may examine any movable or immovable property related to the matter to be resolved.He may also, on that occasion, question the persons found on the premises.

The person responsible for the premises visited is required to allow access thereto to enable the commissioner or deputy-commissioner to exercise his powers.

1995, c. 8, s. 15; 1998, c. 46, s. 97.

23.3. No person may, in any manner, hinder or impede the work of the construction industry commissioner or a construction industry deputy-commissioner in the performance of his or her duties.

1998, c. 46, s. 98.

23.4. The construction industry commissioner may, by regulation, prescribe rules of procedure and practice which may vary according to the matters, proceedings or applications referred to, brought before or filed with the construction industry commissioner.

The regulation shall be submitted to the Government for approval.

1998, c. 46, s. 98.

24. The construction industry commissioner or a construction industry deputy-commissioner may, after the matter has been referred to him, at any time before hearing the parties, require the advice of the advisory committee.

The commissioner or deputy-commissioner shall, in such a case, inform the parties and allow them to be heard regarding the advice of the committee.

1970, c. 35, s. 2; 1984, c. 27, s. 89; 1998, c. 46, s. 99.

25. The advisory committee shall consist of eight persons appointed by the Minister; each of the two most representative associations of the unions shall choose one representative, two others shall be chosen by the two most representative associations of the employers, two by the representatives of employers outside the construction industry and two by the union representatives outside the construction industry.

1970, c. 35, s. 2; 1973, c. 28, s. 4.

§ 4 . — Personnel and material and financial resources

1998, c. 46, s. 100.

25.1. The members of the personnel of the construction industry commissioner shall be appointed and remunerated in accordance with the Public Service Act (chapter F-3.1.1).

No proceedings may be brought against the personnel of the construction industry commissioner by reason of an act performed in good faith in the exercise of their duties.

1998, c. 46, s. 100.

25.2. Documents emanating from the construction industry commissioner are authentic if they are signed or, in the case of copies, if they are certified by the construction industry commissioner or a construction industry deputy-commissioner or, as the case may be, by a member of the commissioner’s personnel designated by the commissioner.

1998, c. 46, s. 100.

25.3. Once proceedings have been completed, the parties shall take back the exhibits they produced and the documents they filed.

Where such exhibits and documents are not taken back, they may be destroyed after the expiry of one year from the date of the decision of the construction industry commissioner or a construction industry deputy-commissioner or of the proceeding terminating the proceedings, unless the commissioner decides otherwise.

1998, c. 46, s. 100.

25.4. The fiscal year of the construction industry commissioner ends on 31 March.

1998, c. 46, s. 100.

25.5. Each year, the construction industry commissioner shall submit budget estimates for the next fiscal year to the Minister, the form, tenor and period of which shall be determined by the Minister.

The budget estimates shall be submitted to the Government for approval.

1998, c. 46, s. 100.

25.6. The books and accounts of the construction industry commissioner must be audited each year by the Auditor General and whenever the Government so orders.

1998, c. 46, s. 100.

25.7. The sums required for the administration of this division shall be taken out of the fund of the construction industry commissioner.

The fund shall be made up of the following:

(1)  the sums paid into it by the Minister out of the appropriations granted each year for that purpose by the National Assembly;

(2)  the sums paid into it by the Commission, the Régie du bâtiment du Québec, the Minister of Employment and Solidarity and a mandatary corporation referred to in section 129.3 of the Building Act (chapter B-1.1) the amount and the terms and conditions of payment of which shall be determined, for each, by the Government;

(3)  the sums collected in accordance with the tariff of administrative fees, professional fees and other charges attached to the matters referred to the construction industry commissioner and the proceedings before and the applications filed with the commissioner.

1998, c. 46, s. 100.

25.8. The Government may, on the conditions it determines, authorize the Minister of Finance to advance to the fund of the construction industry commissioner sums taken out of the consolidated revenue fund. Any advance paid shall be repayable out of the fund of the construction industry commissioner.

1998, c. 46, s. 100.

25.9. The construction industry commissioner may enter into an agreement with any person, association, partnership or body and with the Government or any of its departments or agencies.

1998, c. 46, s. 100.

25.10. The construction industry commissioner shall send to the Minister, not later than 30 June each year, a report of activities for the preceding fiscal year.

The Minister shall table the report before the National Assembly within 15 days of receiving it or, if the Assembly is not sitting, within 15 days of resumption.

The report shall not designate by name any person implicated in the matters brought before the commissioner.

The commissioner shall also furnish the Minister with any information the Minister may require on the activities of the commissioner.

1998, c. 46, s. 100.

DIVISION III MISCELLANEOUS PROVISIONS

1998, c. 46, s. 100.

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.

27. The conditions of employment of the employees in the construction industry shall be governed by collective agreement.

No association of employees in the construction industry shall be certified under sections 21 to 47.6 of the Labour Code or make a collective agreement under the said Code.

1968, c. 45, s. 3; 1977, c. 41, s. 73; 1993, c. 61, s. 13.

CHAPTER IV REPRESENTATIVE ASSOCIATIONS

28. Only the Centrale des syndicats démocratiques (CSD-CONSTRUCTION), the Confédération des syndicats nationaux (CSN-CONSTRUCTION), the Conseil conjoint de la Fédération des travailleurs du Québec (FTQ-Construction) et du Conseil provincial du Québec des métiers de la construction (International) and the Syndicat québécois de la construction may have their representativeness ascertained by presenting their application for such purpose to the Commission in the first five days of the thirteenth month preceding the expiry date of a collective agreement made under section 47.

1968, c. 45, s. 4; 1973, c. 28, s. 5; 1975, c. 51, s. 3; 1978, c. 58, s. 1; 1980, c. 23, s. 2; 1986, c. 89, s. 8, s. 50; 1987, c. 110, s. 2, s. 3; 1993, c. 61, s. 14; 1996, c. 74, s. 31; 1998, c. 46, s. 101; 1999, c. 13, s. 10.

29. The Commission shall, not later than the last of day the thirteenth month preceding the expiry date of a collective agreement made under section 47, cause to be published in the Gazette officielle du Québec and in a French daily newspaper, the name of each association mentioned in section 28 that has presented an application to the Commission.

1968, c. 45, s. 5; 1973, c. 28, s. 5; 1975, c. 51, s. 3; 1978, c. 58, s. 2; 1986, c. 89, s. 50; 1987, c. 110, s. 2, s. 4; 1993, c. 61, s. 14; 1996, c. 74, s. 32.

30. The Commission must prepare a list of all the employees:

(a)  holding a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission;

(b)  having worked at least 300 hours in Québec during the first twelve of the fifteen complete calendar months preceding the month during which the poll provided for in section 32 is held, according to the monthly reports sent by the employers; and

(c)  (subparagraph repealed).

Subparagraph b of the first paragraph does not apply to employees who, on the last day of the twelfth month preceding the expiry date of the collective agreement made under section 47, are 50 years old or over.

Such list establishes incontestably the names of the only employees who may avail themselves of section 32.

During the twelfth month preceding the expiry date of the collective agreement made under section 47, the Commission shall send to each employee whose name appears on the list established in accordance with this section a card identifying him as an elector for the purposes of section 32 and hearing his name and social insurance number.

Such list is sent to the associations contemplated in section 29 not later than fifteen days before the holding of the poll provided for in section 32.

1968, c. 45, s. 6; 1973, c. 28, s. 5; 1975, c. 51, s. 3; 1978, c. 58, s. 3; 1986, c. 89, s. 9, s. 50; 1987, c. 110, s. 2, s. 5; 1993, c. 61, s. 15.

31. No publicity of any form whatever and no solicitation may be made of employees to obtain their membership in an association of employees except during the twelfth month preceding the expiry date of the collective agreement made under section 47.

Such publicity and such solicitation must be made outside the place of employment.

Any person who contravenes this section commits a contravention and is liable to the penalties provided for in section 115.

1968, c. 45, s. 7; 1973, c. 28, s. 5; 1975, c. 51, s. 3; 1987, c. 110, s. 2, s. 6; 1992, c. 61, s. 530; 1993, c. 61, s. 16.

32. During the eleventh month preceding the expiry date of a collective agreement made under section 47, every employee whose name appears on the list prepared in accordance with section 30 must, in accordance with this section, inform the Commission of his election respecting one of the associations indicated on the list contemplated in section 29.

Such election shall be made by secret ballot held under the supervision of a representative of the Commission, in the manner prescribed by regulation of the Commission. However, the ballot must be held for a period of not less than three consecutive days ending on a Saturday that is any day from the fourth day to the tenth day of the month.

An employee who is entitled to make known his election, but has not expressed it in accordance with the first paragraph, is deemed, for the application of sections 33, 35 and 38, to have elected for the association in favour of which he made his election known at the preceding ballot or of which he has become a member in accordance with section 39 since that ballot, provided that the name of that association is published in accordance with section 29.

Any dispute relating to the vote or resulting from the poll shall be settled by the representative of the Commission. His decision is final.

1975, c. 51, s. 3; 1978, c. 58, s. 4; 1980, c. 23, s. 3; 1986, c. 89, s. 50; 1987, c. 110, s. 2, s. 7; 1993, c. 61, s. 17; 1996, c. 74, s. 33.

33. The Commission shall prepare a list indicating the election made by the employees in accordance with section 32.

1975, c. 51, s. 3; 1986, c. 89, s. 50.

34. The Commission ascertains the degree of representativeness of an association in accordance with the criteria set out in section 35.

It issues to each association whose name has been published in accordance with section 29, a certificate establishing its degree of representativeness and the list of the employees who have become members of such association in accordance with section 32.

The certificate has effect from the first day of the eighth month preceding the expiry date of a collective agreement made under section 47.

1975, c. 51, s. 3; 1978, c. 58, s. 5; 1986, c. 89, s. 50; 1987, c. 110, s. 8; 1993, c. 61, s. 18; 1995, c. 8, s. 16.

35. The representativeness of an association of employees corresponds to the percentage that the number of employees who have elected in accordance with section 32 in favour of that association, is of all the employees who have voted in this matter.

1975, c. 51, s. 3; 1978, c. 58, s. 6.

35.1. (Repealed).

1993, c. 61, s. 19; 1995, c. 8, s. 17.

35.2. An employee whose name does not appear on the list prepared under section 30 may, during the month referred to in the first paragraph of section 32, make known to the Commission, according to the procedure it establishes by regulation, his election respecting one of the associations whose name is published pursuant to section 29. For the purposes of section 38, an employee who does not avail himself of that right is deemed to maintain his last election respecting one of the said associations.

1996, c. 74, s. 34.

35.3. The presumptions as to an election or the maintenance of an election respecting an association of employees which are established by the third paragraph of section 32 and by section 35.2 are applicable, with respect to an association referred to in section 28 whose name has not been published pursuant to section 29 for the purposes of the most recent ballot held pursuant to the second paragraph of section 32, only until the last day of the ninth month preceding the date of expiry of a collective agreement provided for in section 47.

An employee who, until that date, is deemed to have made an election respecting an association whose name has not been so published or to maintain his election respecting such an association must, in accordance with the procedure established by regulation of the Commission, make known to the Commission, during the month referred to in the first paragraph of section 32 or at any other time determined in the regulation, his election respecting one of the associations whose name has been published pursuant to section 29.

1996, c. 74, s. 34.

35.4. The Commission shall inform the representative association concerned of any election made in its respect by an employee under section 35.2 or 35.3.

1996, c. 74, s. 34.

36. The Commission shall send to each employee whose name appears on the list contemplated in section 33 or who has made his election known to the Commission pursuant to section 35.2 or 35.3, a card indicating, in particular:

(a)  his name;

(b)  his social insurance number;

(c)  the name of the representative association respecting which the employee has made an election.

This card has effect from the first day of the eighth month preceding the expiry date of the collective agreement made under section 47.

In the case of an employee holding a competency certificate or an exemption issued by the Commission, the Commission may, rather than send the employee the card referred to in the first paragraph, issue to him, if necessary, a new certificate or exemption containing the information that would have appeared on the card. In such a case, the name of the representative association respecting which the employee has made an election, as it appears on the certificate or exemption, has effect from the day mentioned in the second paragraph.

1975, c. 51, s. 3; 1978, c. 58, s. 7; 1986, c. 89, s. 50; 1987, c. 110, s. 2, s. 9; 1993, c. 61, s. 20; 1996, c. 74, s. 35.

36.1. The Commission may, at any time, issue a card under section 36 to a person who wishes to begin working as an employee in the construction industry and who makes known to the Commission, according to the procedure established by regulation of the Commission, his election respecting one of the associations whose name has been published pursuant to section 29.

In such a case, the document issued to the person by the Commission indicating the person’s election has effect from the day of issue, and the Commission shall inform the representative association concerned accordingly.

1996, c. 74, s. 36.

37. Subject to the first paragraph of section 35.3, the name of the representative association respecting which an employee has made or is deemed to have made an election pursuant to this chapter, as it appears on a certificate, exemption or card referred to in section 36, is deemed to correspond to the last election respecting a representative association actually made by the employee, until such time as the document concerned is replaced to indicate a new election made by the employee.

1975, c. 51, s. 3; 1978, c. 58, s. 8; 1986, c. 89, s. 10; 1987, c. 110, s. 2, s. 10; 1993, c. 61, s. 20; 1996, c. 74, s. 37.

38. The fact that an employee has made an election in accordance with this chapter authorizes an employer to deduct in advance from the salary of such employee the union assessment and requires the employer to remit such assessment to the Commission with his monthly report.

The Commission shall remit the assessments so received to the representative associations accompanied with a nominal roll.

1975, c. 51, s. 3; 1986, c. 89, s. 50; 1996, c. 74, s. 38.

39. No employer may, as regards construction work, use the services of a person subject to this Act as an employee, or assign such a person to construction work as an employee, unless the person holds a document referred to in section 36 validly bearing in accordance with this chapter the name of one of the associations referred to in section 28.

1975, c. 51, s. 3; 1978, c. 58, s. 9; 1986, c. 89, s. 50; 1996, c. 74, s. 39.

40. Every employer of the construction industry must be a member of the employers’ association and send his assessment to the Commission with his monthly report.

The Commission shall remit to the employers’ association the assessments so received with a nominal roll. The assessment must be uniform, according to the basis chosen by the employers’ association.

1975, c. 51, s. 32 (part); 1986, c. 89, s. 50; 1993, c. 61, s. 70; 1995, c. 62, s. 1.

41. The employers’ association and the sector-based employers’ associations are the agents of the employers for the purposes of negotiating, making and applying collective agreements under this Act.

The employers’ association is the sole agent of the employers as regards matters mentioned in section 61.1. In that respect, the employers’ association shall be given its mandates by the sector-based employers’ associations. It shall also provide them with assistance in labour relations matters.

A sector-based employers’ association is, for its sector, the sole agent of the employers as regards matters other than those mentioned in section 61.1. Each sector-based employers’ association may, however, entrust the employers’ association with a mandate to fulfil that function wholly or partly for its sector.

A condition of employment which only concerns the members of one of the representative associations must, to be negotiated, first be approved by the association concerned.

1968, c. 45, s. 8; 1973, c. 28, s. 5; 1975, c. 51, s. 3; 1993, c. 61, s. 21; 1995, c. 8, s. 18.

41.1. The employers’ association shall allocate, in the proportion and according to the basis of apportionment it determines, a share of the assessments remitted by the Commission under section 40 to each sector-based employers’ association.

The employers’ association shall also, as regards its members who have the right to participate in the meetings of and ballots held by the sector-based employers’ associations, provide the sector-based associations with all information relevant to such purposes.

1995, c. 8, s. 19.

41.2. Every sector-based employers’ association shall transmit to the Commission a true copy of its constitution and by-laws, and any amendment thereto.

The constitution and by-laws must, among other things, set out

(1)  the mode of calling meetings at which labour relations matters are to be discussed;

(2)  that every employer belonging to the employers’ association who, during the period and according to the reports referred to in the second paragraph of section 44.1, has declared a number of hours as having been worked in the sector concerned has the right to participate in such meetings and in the ballots held under this Act and express his views freely without incurring any penalty;

(3)  the type of majority required in such ballots and, where the sector-based association deems it appropriate, a method to determine, according to the number of hours declared as having been worked in the sector, the relative value of the vote cast by each member of the employers’ association participating in a ballot;

(4)  that every officer entrusted with the financial management of the sector-based association must deposit with the Commission security in the amount determined by the Commission;

(5)  that every member of the employers’ association who has the right to participate in the meetings of and ballots held by the sector-based association is entitled to obtain free of charge from the sector-based association, at the end of each fiscal year, a detailed statement of its income and expenditures.

1995, c. 8, s. 19.

CHAPTER V NEGOTIATIONS

42. One or more representative associations may notify in writing a sector-based employers’ association, or a sector-based employers’ association may notify in writing one or more representative associations, that its or their representatives are prepared to negotiate a collective agreement applicable in the sector of the sector-based association.

Such notice shall not be given later than the first day of the seventh month preceding the expiry date of the collective agreement made under section 47.

Every other representative association and the employers’ association must be informed of it without delay.

The negotiations must begin between the associations of employees whose representativeness is more than 50% and the sector-based employers’ association or the employers’ association, according to their respective roles, and must be pursued with all possible dispatch and in good faith. To that end, the associations may agree on a bargaining structure and bargaining procedures.

1968, c. 45, s. 9; 1973, c. 28, s. 5; 1975, c. 51, s. 4; 1987, c. 110, s. 2, s. 11; 1993, c. 61, s. 22; 1995, c. 8, s. 20.

42.1. Any association that is representative may attend the negotiating sessions and submit proposals regarding the content of the collective agreement. It is also entitled to attend and submit proposals at sessions in respect of the establishment of a bargaining structure and bargaining procedures.

1978, c. 58, s. 10; 1987, c. 110, s. 12; 1993, c. 61, s. 23.

43. During negotiations, one of the parties may apply to the Minister for the appointment of a conciliation officer to assist them in reaching an agreement.

Notice of the application must be given on the same day to the other party.

Upon receipt of the application, the Minister shall designate a conciliation officer.

1968, c. 45, s. 10; 1983, c. 13, s. 5.

43.1. The Minister, during negotiations, may ex officio designate a conciliation officer; he shall then inform the parties of such appointment.

1983, c. 13, s. 5.

43.2. The parties must attend any meeting to which the conciliation officer convenes them.

1983, c. 13, s. 5.

43.3. The conciliation officer shall make a report to the Minister at the latter’s request.

1983, c. 13, s. 5.

43.4. Upon application by a party to the negotiations, the Minister shall appoint a mediator to help the parties settle their dispute.

However, mediation may not begin prior to the sixtieth day preceding the expiry of the collective agreement.

1993, c. 61, s. 24.

43.5. The mediator has 60 days to bring the parties to an agreement. The Minister may, only once and at the request of the mediator, extend the period of mediation by not more than 30 days.

1993, c. 61, s. 24.

43.6. The parties must attend any meeting to which the mediator convenes them.

1993, c. 61, s. 24.

43.7. As soon as an agreement in principle on what could become a collective agreement is reached between the sector-based employers’ association and one or more associations whose representativeness is 50% or more, the mediator shall record the agreement in principle in a report which he shall give to each of the parties and to the Minister.

If there is no such agreement in principle at the expiry of the mediation period, the mediator shall give to the parties a report in which he shall indicate the matters on which there has been agreement between the associations referred to in the first paragraph as well as each association’s position with respect to matters which are still in dispute. The mediator shall send to the Minister a copy of the report together with his comments and, 10 days later, shall make the report public.

1993, c. 61, s. 24; 1995, c. 8, s. 21; 1996, c. 74, s. 40.

44. In order to be considered as the collective agreement applicable in a sector, an agreement respecting the conditions of employment other than those pertaining to the matters listed in section 61.1 must be made by one or more associations whose representativeness is more than 50% and by the sector-based employers’ association.

As regards the matters listed in section 61.1, the clauses of an agreement made in accordance with the third paragraph or, failing such an agreement, the clauses respecting such matters contained in the last collective agreement applicable in the sector also form part of such a collective agreement. In the latter case, the clauses form part of the new collective agreement until they are renewed or revised in accordance with the law.

In order to form part of the collective agreement applicable in a sector and to have effect therein, an agreement respecting the conditions of employment pertaining to one or several matters listed in section 61.1 must be made by one or more associations whose representativeness is more than 50% in the sector and by the employers’ association entrusted with a mandate for that purpose by one or more sector-based employers’ associations whose representativeness is more than 50%.

An agreement referred to in the second paragraph may be made even in the absence of an agreement as to the conditions of employment specific to a sector, in which case section 48 applies as though it were an amendment to the collective agreement. The filing may be effected by the employers’ association or by a representative association having made the agreement.

1968, c. 45, s. 11; 1973, c. 28, s. 6; 1975, c. 51, s. 5; 1993, c. 61, s. 25; 1995, c. 8, s. 22.

44.1. A representative association may make a sector-based agreement referred to in the first paragraph of section 44 if it is authorized thereto by the majority of its members exercising their right to vote in a secret ballot.

The sector-based employers’ association may negotiate such an agreement if it is authorized thereto in a secret ballot that it must hold for the members of the employers’ association who, in the monthly reports sent by them to the Commission in the first 12 of the 15 complete calendar months preceding the month in which the ballot is held, declared hours as having been worked in the sector. It has received authorization if, in the ballot, the employers favourable to the agreement constitute a majority under the terms of the constitution and by-laws of the sector-based employers’ association or, failing a provision in that respect in the constitution and by-laws, if the employers favourable to the agreement constitute a majority of those who exercised their right to vote.

1993, c. 61, s. 26; 1995, c. 8, s. 23.

44.2. A representative association may make an agreement referred to in the second paragraph of section 44 if it is authorized thereto by the majority of its members exercising their right to vote in a secret ballot.

The sector-based employers’ association may entrust the employers’ association with a mandate to negotiate such an agreement if it is authorized thereto in a secret ballot that it must hold for the members of the employers’ association who, in the monthly reports sent by them to the Commission in the first 12 of the 15 complete calendar months preceding the month in which the ballot is held, declared hours as having been worked in the sector. It has received authorization if, in the ballot, the employers favourable to the agreement constitute a majority under the terms of the constitution and by-laws of the sector-based employers’ association or, failing a provision in that respect in the constitution and by-laws, if the employers favourable to the agreement constitute a majority of those who exercised their right to vote.

Where a representative association or a sector-based employers’ association holds a single ballot in respect of an agreement made under this section and an agreement made under section 44.1, it must hold a separate vote for each of the two agreements.

1993, c. 61, s. 26; 1995, c. 8, s. 24.

44.3. During the ninth month preceding the expiry of the collective agreements, the Commission shall ascertain the representativeness of each sector-based employers’ association for the purposes of the making of an agreement or an application for arbitration respecting one or several matters listed in section 61.1 and shall issue to each association a certificate establishing its representativeness.

The certificate takes effect on the first day of the eighth month preceding the date of the expiry of the collective agreements.

The representativeness of a sector-based employers’ association is the percentage that the number of hours declared by the employers as having been worked in its sector is of the total number of hours declared by the employers as having been worked in the industry as a whole, according to the monthly reports sent by them to the Commission during the first twelve of the fifteen complete calendar months preceding the month referred to in the first paragraph.

1993, c. 61, s. 26; 1995, c. 8, s. 25.

45. Where the parties agree thereto in writing, a dispute is referred to an arbitrator or a council of arbitration composed of three members, including a chairman.

If the dispute concerns one or several matters listed in section 61.1, the agreement relating to arbitration must be made by one or more associations whose representativeness is 50% or more in the sector and by the employers’ association entrusted with a mandate for that purpose by one or more sector-based employers’ associations whose representativeness is 50% or more. If the dispute concerns other matters, the agreement relating to arbitration must be made by one or more associations whose representativeness is 50% or more and by the sector-based employers’ association of the sector concerned.

The agreement may provide for the appointment of the arbitrator or of the members of the council of arbitration, determine the fees and expenses to which they are entitled and provide for the apportionment of those fees and expenses among the parties to the agreement. A copy of the agreement shall be sent to the Minister without delay.

The Minister may decide any matter referred to in the third paragraph that has not been settled by the agreement and shall inform the parties without delay. The Minister’s decision binds the parties and shall be executed as if it formed part of the agreement.

1968, c. 45, s. 12; 1973, c. 28, s. 6; 1975, c. 51, s. 5; 1979, c. 2, s. 19; 1993, c. 61, s. 27; 1995, c. 8, s. 26; 1998, c. 46, s. 102.

45.0.1. The arbitrator or the council of arbitration may, where considered appropriate, attempt to bring the parties to settle all or part of their dispute by agreement.

1998, c. 46, s. 103.

45.0.2. Every decision of the council of arbitration shall be made by a majority of its members, including the chairman.

1998, c. 46, s. 103.

45.0.3. Subject to section 45.0.2 of this Act, sections 76, 79 to 91.1, the second sentence of section 92 and sections 93 and 139 to 140 of the Labour Code (chapter C-27), adapted as required, apply to the arbitration of a dispute and in respect of the arbitrator, the council of arbitration and its members, and section 78 of that Code applies to arbitration by an arbitrator.

The arbitrator or the chairman of the council of arbitration shall, however, send to the clerk of the office of the labour commissioner general three originals or three certified copies of the original of the arbitration award and the schedules thereto.

1998, c. 46, s. 103.

45.1. Only matters not having been the subject of an agreement between the parties may be referred to arbitration.

The arbitrator or the council of arbitration has exclusive jurisdiction to determine such matters. Where there has been mediation, the arbitrator or the council shall decide on the basis of the mediator’s report.

1993, c. 61, s. 28; 1998, c. 46, s. 104.

45.2. The arbitrator or the council of arbitration shall record in award stipulations relating to the matters which were the subject of an agreement evidenced in the mediator’s report.

The parties may, at any time, come to an agreement on a matter which is the subject of the dispute, and the corresponding stipulations shall also be recorded in the arbitration award.

The arbitrator shall not amend such stipulations except for the purpose of making such adaptations as are necessary to make the stipulations consistent with a clause of the award.

For the purposes of the award, the arbitrator or the council of arbitration shall also, where the parties so request, proceed clause by clause using the “best final offer” method.

1993, c. 61, s. 28; 1998, c. 46, s. 105.

45.3. The arbitration award may not have retroactive effect.

1993, c. 61, s. 28; 1998, c. 46, s. 106.

45.4. Strikes and lock-outs are prohibited in a sector unless there has been mediation and at least 21 days have elapsed since the expiry of the mediation.

A strike is permitted from the expiry of the 21 days referred to in the first paragraph, provided that it is called for all the employees working in the sector and that it has been authorized, by secret ballot, by a majority of the voting members of one or more associations whose representativeness is 50% or more.

A lock-out is permitted from the same time provided that it is imposed by the sector-based employers’ association of the sector for all the employers carrying out construction work or causing construction work to be carried out in the sector and that the lock-out is authorized by secret ballot and on the conditions and according to the procedure applicable to the making of an agreement referred to in the first paragraph of section 44.

However, strikes and lock-outs are prohibited in a sector from the day after the day on which the parties to a dispute in that sector agree to refer the dispute to arbitration.

They are also prohibited at all times in respect of a matter referred to in section 61.1.

1993, c. 61, s. 28; 1995, c. 8, s. 27; 1998, c. 46, s. 107.

46. Any collective agreement made under this Act shall determine the conditions of employment applicable to all the trades and employments in the sector contemplated therein; subject to Chapter VI.1 only one agreement may be made in respect of a sector.

Any agreement determining the conditions of employment applicable to trades and employments in the construction industry shall be void if it has not been made in accordance with this Act.

1968, c. 45, s. 13; 1973, c. 28, s. 7; 1975, c. 51, s. 6; 1993, c. 61, s. 29; 1995, c. 8, s. 28.

CHAPTER VI COMING INTO FORCE AND SCOPE OF COLLECTIVE AGREEMENTS

1993, c. 61, s. 30.

47. A collective agreement shall be made for each sector of the construction industry by the negotiating parties of the sector, pursuant to this Act. The agreement shall apply to the whole sector concerned.

The expiry date of a collective agreement shall be 30 April every three years, from 30 April 1995.

For the purposes of Chapter IV and sections 42 and 44.3, a collective agreement is deemed to expire on each of those dates, whether or not a collective agreement has been made.

1968, c. 45, s. 14; 1973, c. 28, s. 8; 1975, c. 51, s. 7; 1993, c. 61, s. 31; 1995, c. 8, s. 29.

48. Within 10 days after the making of a collective agreement applicable in its sector, a sector-based employers’ association shall file three true copies of the collective agreement and the schedules thereto at the office of the labour commissioner general and shall publish a notice of the filing in two daily newspapers having general circulation in Québec. If the sector-based employers’ association fails to do so, the filing and publication may be effected by a representative association.

The labour commissioner general shall, without delay, transmit to the Commission one of the originals or of the certified copies of every collective agreement and the schedules thereto filed under the first paragraph, together with a certificate attesting the filing.

The sector-based employers’ association shall also transmit a copy or true copy of the collective agreement and the schedules thereto to the employers’ association.

The representative association and the employers’ association shall send a copy of the collective agreement to their members.

A collective agreement takes effect only on the date of filing.

The filing has retroactive effect to the date of coming into force of the collective agreement determined in the agreement. However, in no case may such date be prior to the date of the signing of the collective agreement.

This section applies also to any amendment to the collective agreement.

1968, c. 45, s. 15; 1969, c. 51, s. 98; 1973, c. 28, s. 9; 1973, c. 29, s. 1; 1992, c. 42, s. 7; 1993, c. 61, s. 32; 1995, c. 8, s. 30; 1998, c. 46, s. 108.

48.1. In any suit under this Act, a copy of a collective agreement printed under the authority of the Commission and certified as a true copy of the original or certified copy received by the Commission under section 48 by the chairman or a person designated by the chairman shall be admissible in evidence and shall have the same probative force as the original.

1998, c. 46, s. 109.

49. (Repealed).

1968, c. 45, s. 16; 1973, c. 28, s. 10; 1975, c. 51, s. 8; 1993, c. 61, s. 33.

50. From the date of coming into force of the collective agreement determined in the agreement or, failing such a date, from the date of signing of the agreement, the clauses of the collective agreement are executory in respect of all employers and all employees, present or future, where they carry out construction work or cause construction work to be carried out in the sector concerned.

1968, c. 45, s. 17; 1973, c. 29, s. 2; 1993, c. 61, s. 34.

51. (Repealed).

1968, c. 45, s. 18; 1973, c. 28, s. 11; 1974, c. 38, s. 1; 1975, c. 51, s. 9; 1993, c. 61, s. 35.

52. A collective agreement filed in accordance with section 48 is deemed to have been made in the manner prescribed in this Act.

1968, c. 45, s. 19; 1993, c. 61, s. 36.

53. The filing in accordance with section 48 shall render all the clauses of the collective agreement obligatory.

1968, c. 45, s. 20; 1993, c. 61, s. 37.

54. The wages due by a sub-contractor constitute a solidary obligation between the sub-contractor and the contractor with whom he has contracted, and between the sub-contractor, the sub-contractor with whom he has contracted, the contractor and every intermediary sub-contractor.

Where the employer holds the appropriate licence issued under the Building Act (chapter B-1.1), such solidary obligation is extinguished six months after the end of the work carried out by the employer, unless the employee concerned filed a complaint with the Commission concerning his wages, a civil action was brought, or a claim was sent by the Commission pursuant to the third paragraph of subsection 1 of section 122 before the expiry of the six-month period.

Such solidary obligation extends to the client having contracted, directly or through an intermediary, with a contractor who does not hold the appropriate licence issued under the Building Act, in respect of the wages due by the contractor and each of his sub-contractors.

1968, c. 45, s. 21; 1992, c. 42, s. 8; 1993, c. 61, s. 38; 1995, c. 8, s. 31.

54.1. (Replaced).

1992, c. 42, s. 9; 1993, c. 61, s. 39; 1995, c. 8, s. 31.

55. (Repealed).

1968, c. 45, s. 22; 1974, c. 38, s. 2; 1993, c. 61, s. 40.

56. Strikes and lock-outs are prohibited in a sector during the term of a collective agreement.

1968, c. 45, s. 23; 1993, c. 61, s. 41.

57. No association of employees, no officer, steward, business agent or representative of such an association and no employee shall order, encourage or support a strike or a slowdown of work during the term of a collective agreement or take part therein.

The fact that an association of employees, an officer, steward, business agent or representative of such an association exercises a right or a function contemplated in the Act respecting occupational health and safety (chapter S-2.1) does not constitute an order to, the encouragement or support of or the participation in a strike or slowdown of work contemplated in the first paragraph.

1968, c. 45, s. 24; 1975, c. 50, s. 2; 1979, c. 63, s. 313; 1986, c. 95, s. 296; 1993, c. 61, s. 42.

58. No employer’s association, no employer and no administrator, officer or representative of such an association or of an employer shall order, encourage or support a lock-out during the term of a collective agreement or take part therein.

1975, c. 50, s. 2; 1986, c. 95, s. 297; 1993, c. 61, s. 42.

59. (Repealed).

1975, c. 50, s. 2; 1986, c. 89, s. 11.

60. No person shall cease to be an employee for the sole reason that he has ceased to work in consequence of a strike or lock-out.

1968, c. 45, s. 25.

60.1. From the expiry date of a collective agreement, the conditions of employment contained therein shall be maintained until one of the parties exercises its right to strike or to impose a lock-out.

However, the parties may provide in the collective agreement that the conditions of employment contained in the agreement will continue to apply until the coming into force of the new collective agreement.

The conditions of employment governing matters listed in section 61.1 shall continue to apply until they are renewed or revised in accordance with the law.

1993, c. 61, s. 43.

CHAPTER VI.1 SPECIAL AGREEMENTS

1995, c. 8, s. 32.

60.2. A sector-based employers’ association and one or more associations whose representativeness is 50% or more may make a special agreement on the conditions of employment that will apply to a major construction project in the sector of that sector-based employers’ association. Except with respect to the matters mentioned in section 61.1, such conditions of employment may be different from the conditions applicable in the sector concerned.

For the purposes of this chapter, a “major construction project” means a construction project which, according to the estimates approved by the parties to the agreement, will require the simultaneous work of at least 500 employees at any time during the project.

1995, c. 8, s. 32.

60.3. Except for sections 42, 43 to 45.3, 46 and 47 and the third paragraph of section 48, and unless the context indicates otherwise, the provisions of this Act which concern a collective agreement or the application thereof apply, with the necessary modifications to a special agreement. Such an agreement may not be made, however, after a first call for tenders has been made for the carrying out of construction work relating to the major construction project.

If, on the date a special agreement is filed under section 48, there is a collective agreement applicable in the sector concerned by the special agreement, the special agreement becomes a schedule to that collective agreement. Otherwise, the special agreement becomes a collective agreement of limited application until a collective agreement takes effect in the sector concerned, in which case the special agreement becomes a schedule to that collective agreement.

The application of the clauses of a special agreement is limited, for the period determined therein, to the employees and employers who carry out construction work or cause construction work to be carried out as part of the major construction project to which the agreement pertains.

1995, c. 8, s. 32.

CHAPTER VII CONTENTS OF COLLECTIVE AGREEMENTS

1993, c. 61, s. 44.

61. The collective agreement must contain clauses respecting the classification of employments, remuneration, payroll, working hours, overtime, holidays, vacations with pay, notice of dismissal, the complementary social security plan and the procedure for amending the collective agreement.

The collective agreement must also contain clauses respecting union security, including the advance deduction of assessments, union delegates, the procedure for settling grievances and the exercise of employees’ recourses against disciplinary measures taken by the employer.

The collective agreement may also contain clauses respecting seniority, measures relating to manpower, labour mobility, the movement of manpower, work in rotation, night work, Sunday work, and wage increases, bonuses, various indemnities and allowances, notice boards, cloakrooms and tools. The collective agreement may also contain clauses establishing a procedure to prevent or settle jurisdictional conflicts which relate to the practice of a trade or occupation before the conflict is referred to the construction industry commissioner.

The collective agreement may also contain any clause not contrary to public order or prohibited by law relating to conditions of employment in a sector.

1968, c. 45, s. 28; 1969, c. 51, s. 99; 1975, c. 51, s. 10; 1992, c. 42, s. 10; 1993, c. 61, s. 45; 1995, c. 8, s. 33; 1998, c. 46, s. 110.

61.1. Clauses respecting the following matters must be common to the collective agreements of each of the sectors:

(1)  union security, including the advance deduction of union assessments;

(2)  union representation;

(3)  the procedure for settling grievances;

(4)  the exercise of recourses to counter disciplinary measures;

(5)  arbitration;

(6)  the basic supplemental fringe benefit plan;

(7)  any compensation fund considered necessary by the parties to the negotiations in each sector.

1993, c. 61, s. 46.

61.2. No clause of a collective agreement may

(1)  give preference to a representative association or a sector-based employers’ association;

(2)  infringe on a right of an employee on the basis of discrimination related to his union allegiance;

(3)  concern a placement agency;

(4)  limit the employer’s freedom to request the services of an employee directly or through the Commission or a union reference;

(5)  introduce discriminatory provisions towards any employer or any association or group of employees or employers;

(5.1)  introduce a provision inconsistent with the commitments of the Government of Québec under an intergovernmental agreement respecting labour mobility;

(6)  contain any other provision contrary to the law.

1993, c. 61, s. 46; 1995, c. 8, s. 34.

61.3. Any clause of a collective agreement contrary to the provisions of this Act is deemed not to be written.

1993, c. 61, s. 46.

61.4. Upon application by the Attorney General or any interested party, the Labour Court may determine the extent to which a clause of a collective agreement is contrary to a provision of this Act.

The applicant shall serve the application on the other interested parties.

1993, c. 61, s. 46.

62. Any grievance respecting a matter contemplated in the second paragraph of section 61, or respecting seniority, labour mobility, the movement of manpower or the notice board, shall be referred to a single arbitration officer. Such arbitration officer shall be chosen by the parties at the time of negotiation; failing agreement, he shall be appointed by the Commission from among the persons whose names appear on the list drawn up annually under the second paragraph of section 77 of the Labour Code (chapter C-27).

1968, c. 45, s. 30; 1975, c. 51, s. 11; 1977, c. 5, s. 14; 1983, c. 22, s. 106; 1986, c. 89, s. 50; 1991, c. 76, s. 5; 1993, c. 61, s. 47; 1995, c. 8, s. 35.

63. The arbitration officer must not have any interest in a grievance submitted to him, nor shall he have acted as business agent, attorney, advisor or representative of any of the parties to the negotiation of the collective agreement from which the grievance arises, in the application of such agreement or in the negotiation for its renewal.

1968, c. 45, s. 31; 1975, c. 51, s. 12.

64. The arbitration officer who is aware of a valid ground of recusation to which he is liable is bound, without waiting until it is invoked, to make and file in the record a written declaration of it.

A party who is aware of a ground of recusation against the arbitration officer must do the same, without delay.

The parties may renounce, by written declaration filed in the record, their right to recuse, but he who is subject to a ground of recusation may refuse to sit, even if recusation is not proposed.

1975, c. 51, s. 12.

65. A party may present to the Labour Court at Montréal or at Québec a motion of recusation, with notification of three days served upon the other party and the person whose recusation is requested. At the expiry of such delay, a judge of the Court shall decide on the motion unless the person whose recusation is requested has consented by a written declaration filed in the office of the Court, to recuse himself.

From the service of the motion of recusation and until it has been decided, the arbitration officer must suspend the investigation on the grievance of which he is seized.

If the recusation is maintained, the arbitration officer shall no longer be seized of such grievance; if it is dismissed, the arbitration officer may also refuse to hear such grievance.

Any vacancy created by the voluntary withdrawal or by the recusation pronounced by the Court shall be filled in accordance with the procedure laid down for the original appointment.

1975, c. 51, s. 12.

66. No person acting as arbitration officer on grievances may be prosecuted for official acts accomplished in good faith in the performance of his duties.

1975, c. 51, s. 12.

67. The arbitration officer shall proceed with all dispatch with the inquiry into the grievance and, unless otherwise provided in the collective agreement, in accordance with such procedure and mode of proof as he deems appropriate. In all cases, he must give the employee, his association and the employer an opportunity to be heard.

1975, c. 51, s. 12; 1993, c. 61, s. 48.

68. Upon application of any of the parties, the arbitration officer on grievances may, if he considers it necessary, summon witnesses in writing.

A person so summoned who refuses to appear or testify may be compelled to do so as if he had been summoned in accordance with the Code of Civil Procedure (chapter C-25).

A summoned witness is entitled to the same taxation as witnesses before the Superior Court and to the reimbursement of travelling and living expenses incurred for such purpose. Such taxation is payable by the party who proposed such summons, but the person who receives his salary during such period is entitled only to the reimbursement of travelling and living expenses.

The arbitration officer on grievances may require from and administer the oath or solemn affirmation to a witness then under the immunity provided for in the second paragraph of section 11 of the Act respecting public inquiry commissions (chapter C-37).

1975, c. 51, s. 12; 1990, c. 4, s. 778.

69. Upon request of any of the parties, the arbitration officer on grievances may, if he considers it necessary, visit the place of employment relating to the grievance he is seized of.

If the request is accepted, the arbitration officer shall invite the parties to accompany him.

When visiting the place of employment, the arbitration officer may examine any moveable or immoveable property. He may also on such visit, if the parties present assent to it, interrogate the persons who are there.

1975, c. 51, s. 12.

70. Unless the collective agreement provides to the contrary, the arbitration officer on grievances shall render a decision based solely on the evidence collected at the inquiry.

1975, c. 51, s. 12; 1993, c. 61, s. 49.

71. Unless the collective agreement provides to the contrary, the arbitration officer may, in disciplinary matters, quash or amend the decision of the employer and make any complementary order deemed necessary for such change.

1975, c. 51, s. 12.

72. At any time, the parties may agree upon one of the matters forming the object of the grievance; such an agreement shall bind the arbitration officer.

The agreement shall be recorded in the arbitration decision which shall deal no further with such matter.

1975, c. 51, s. 12.

73. The arbitration decision must state the grounds on which it is based and be rendered in writing.

1975, c. 51, s. 12.

74. If no delay is fixed in the collective agreement, the arbitration officer on grievances must render his decision within 60 days of his appointment unless the parties previously consent in writing to grant an additional delay of a precise number of days.

Beyond such period, the Labour Court may, upon the motion of a party, make the order it deems necessary in order that such decision may be rendered with the shortest possible delay and filed.

1975, c. 51, s. 12; 1993, c. 61, s. 50.

75. The arbitration decision shall be without appeal and shall bind the parties.The arbitration officer shall file the decision in duplicate or in two copies, true to the original, at the Commission and at the same time send a copy of the decision to each party. The arbitration decision shall have effect upon its filing.

If the arbitration officer fails to file the decision or to send it to the parties, the Labour Court may, upon the motion of a party, make the order it deems necessary in order that such decision may be filed or sent to the parties with the shortest possible delay.

1975, c. 51, s. 12; 1986, c. 89, s. 50.

76. The secretary of the Commission may certify true any arbitration decision filed in accordance with section 75.

1975, c. 51, s. 12; 1986, c. 89, s. 50.

77. Upon production at the office of the prothonotary of the Superior Court of the district where the undertaking concerned is located of an authentic copy of the arbitration decision, the Court may, upon a motion of the association, employer or interested person, homologate the decision, with costs against the respondent; the decision shall then become executory as any other judgment. During judicial vacation or if the Court is not sitting, the judge of the Court shall have the same jurisdiction as the Court for the purposes of this section.

The judgment homologating the arbitration decision shall be without appeal and the homologated decision shall be executory at the expiry of fifteen days following the date of the judgment.

1975, c. 51, s. 12.

78. The Commission alone is authorized to receive complaints pertaining to the application of a norm relating to the placement, hiring or mobility of manpower.

1968, c. 45, s. 32; 1970, c. 35, s. 4; 1971, c. 46, s. 2; 1973, c. 28, s. 12; 1975, c. 51, s. 13; 1979, c. 2, s. 20; 1986, c. 89, s. 12; 1993, c. 61, s. 51.

79. (Repealed).

1971, c. 46, s. 2; 1975, c. 51, s. 14; 1979, c. 63, s. 314.

80. (Repealed).

1971, c. 46, s. 2; 1975, c. 51, s. 15; 1979, c. 63, s. 315; 1986, c. 89, s. 13; 1995, c. 8, s. 36.

80.1. The construction industry commissioner shall rule on any proceeding brought against a decision of the Commission

(1)  refusing the issue or renewal of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet;

(2)  issuing or renewing a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet which the holder considers inappropriate;

(3)  refusing to reinstate a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet cancelled pursuant to a provision of a regulation referred to in section 123.1;

(4)  denying an employer the authorization to hire in a region the services of an employee;

(5)  refusing an employer’s application for the issue of an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet to an employee;

(6)  refusing or cancelling an exemption from the obligation to hold a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet or subjecting the granting of such an exemption to conditions considered inappropriate by the applicant;

(7)  refusing to issue to an employee a card referred to in section 36.

Only an employer may contest a decision referred to in subparagraphs 4 and 5 of the first paragraph before the construction industry commissioner and, in the cases described in subparagraph 6 of the first paragraph, where the employer is required, under this Act or the regulations, to file himself the application for the granting of an exemption.

1986, c. 89, s. 13; 1988, c. 35, s. 18; 1995, c. 8, s. 37; 1996, c. 74, s. 41; 1998, c. 46, s. 111.

80.2. A contractor convicted of an offence that entails a restriction in the contractor’s licence as regards the obtention of a public contract and that is an offence under a regulation made under subparagraphs 8.2 and 8.3 of the first paragraph of section 123 may, within 30 days of the conviction, apply to the construction industry commissioner to have the latter order the Commission to disregard the offence in applying the regulation.

The order may be made only if the contractor proves that in relation to the facts leading to the conviction,

(1)  the contractor committed the offence on account of a misinterpretation in good faith of a clause of a collective agreement or of a provision of law or a regulation relating to the scope of this Act; or

(2)  the contractor did not intend to evade the requirement to report hours actually worked or his obligations under a fiscal law.

Notice of the contractor’s application must be sent to the Commission within the same time.

1997, c. 85, s. 397; 1998, c. 46, s. 112.

80.3. A person aggrieved by a decision of the Commission rendered pursuant to a regulation made under the first paragraph of section 123.1 may, where such a remedy is provided for in the regulation, contest the decision before the construction industry commissioner.

1998, c. 46, s. 113.

81. To ensure the carrying out of a collective agreement, the Commission may:

(a)  exercise recourses arising out of this Act or out of a collective agreement in favour of employees who have not caused a suit to be served within a period of 15 days from the due date, and may do so notwithstanding any law to the contrary, any opposition or any express or implied renunciation by the employee, and without being obliged to establish an assignment of claim by the interested party, put him in default, inform him of the suit, or allege and prove the absence of suit within such delay of 15 days, or to produce the journeyman competency certificate;

(a.1)  exercise against the directors of a legal person those of the recourses arising out of this Act or a collective agreement in favour of the employees and that may be exercised against them;

(b)  on the same conditions, continue suit in the place and stead of any employee who, having caused such a suit to be served, has neglected to proceed for 15 days;

(c)  recover from the employer and the employee who violate the clauses of a collective agreement relating to remuneration in currency and to compensation or benefits of a pecuniary value, and from each of them, an amount equal to 20 % of the difference between the obligatory amount and that actually paid;

(c.1)  recover, both from the employee contemplated in paragraph c who performs construction work without being the holder of the competency certificate or the recipient of an exemption required for that work and from his employer, an additional amount equal to 20 % of the difference between the obligatory amount and that actually paid;

(c.2)  recover from the employer who fails to transmit to it the monthly report prescribed by subparagraph b of the first paragraph of section 82, the amounts corresponding to the indemnities, contributions, assessments and levies which should have been transmitted with the report, and an additional amount equal to 20 % of such amounts; the total amount claimed may be determined by an expert evaluation on the basis of the scope of the work performed under the contract entered into by the employer or by any other means of proof establishing the number of hours necessary for the carrying out of the work;

(d)  effect any settlement, compromise or transaction considered expedient in the cases contemplated in subparagraphs a to c.2;

(e)  at any reasonable time, examine the registration system, the compulsory register and the pay-list of any employer, take copies or extracts therefrom, verify as regards any employer and employee the rate of wage, duration of work, and observance of the other clauses of a collective agreement;

(f)  at any reasonable time and even at the place of work, require from any employer or employee any information considered necessary or require from any such person that he furnish the information in writing to the Commission within a period of 10 clear days following the delivery of a written request to that effect or following the day such a request is made to him by any appropriate means;

(g)   by demand in writing made to any employer, require that a copy it sends to him of the scale of wages rendered obligatory, or of any decision or regulation, be posted up and kept posted up in a suitable place and in the manner prescribed in the demand;

(h)  by resolution, grant to any employee of limited physical or mental fitness upon proof considered sufficient, a certificate authorizing him to work upon determined conditions different from those contemplated in a collective agreement.

Every person authorized by the Commission to exercise the powers referred to in paragraph e or f shall, on request, identify himself and produce a certificate of his capacity issued by the Commission.

The Commission may exercise any recourse provided for in subparagraphs a and b of the first paragraph against any person who is bound to pay to an employee the wage owed to him.

1971, c. 46, s. 2; 1975, c. 51, s. 16; 1979, c. 2, s. 21; 1986, c. 89, s. 14, s. 50; 1986, c. 95, s. 298; 1988, c. 35, s. 6; 1993, c. 61, s. 52; 1995, c. 8, s. 38; 1996, c. 74, s. 42; 1998, c. 46, s. 114.

81.0.1. Notwithstanding any other provision of this Act, the Commission may, by means of a written request to that effect, require any person contemplated in section 7.2 and any association to furnish to it, in writing or by any other means determined by the Commission, within a period of ten clear days of the sending of the request, any information and a true copy of any document deemed necessary for the carrying out of the duties of the Commission.

1988, c. 35, s. 7.

81.1. A document that has been examined by the Commission or has been filed with it may be reproduced. Any copy of the document certified true to the original by the chairman or a person he designates is admissible in evidence and has the same probative force as the original.

1983, c. 13, s. 6; 1986, c. 89, s. 50; 1988, c. 35, s. 8.

81.2. The Commission shall deposit in any fund established by it pursuant to paragraph 8 of section 4 that it determines any amount it recovers pursuant to subparagraphs c.1 and c.2 of the first paragraph of section 81, except the following:

(1)  an amount equal to the amount of union dues which is given to the representative associations according to the percentages determined under section 35;

(2)  an amount equal to the amount of the employer contribution which is given to the employers’ association; and

(3)  an amount equal to the sum of the levy and the additional amount which the Commission recovers pursuant to subparagraph c.2 of the first paragraph of section 81, which it retains.

1988, c. 35, s. 9; 1995, c. 8, s. 39.

82. The Commission may also, by regulation approved by the Government and published in the Gazette officielle du Québec:

(a)  render obligatory for any employer a system of registration of construction work or the keeping of a register in which are shown the name in full and residence of each employee in his employ, his competency, the exact hour at which the work was begun, interrupted, resumed and completed each day, the nature of the work and wage paid, with mention of the method and time of payment, and all other information considered useful in the application of a collective agreement;

(b)  oblige any employer to transmit to it a monthly report in the manner prescribed by the Commission,containing, in particular, the following information: the name in full and address of each of his employees, his competency, the regular and extra hours of work done each week and the nature of such work and the wage paid, paid holidays, social security assessments and any other particulars considered useful and, in particular, the number of hours done by the independent contractor;

(b.1)  (subparagraph repealed);

(c)  levy upon the employer alone or upon both the employer and the employee, or upon the employee alone, the amounts required for its administration and fix a minimum amount which an employer is bound to pay per monthly period, such levy to be subject to the following conditions:

(1)  the estimate of the receipts and expenses must be submitted to the Government at the same time as the regulation fixing the method and rate of levy;

(2)  except where the total of such amounts is less than the minimum amount that an employer may be bound to pay per monthly period, such levy shall not exceed 1 % of the employee’s remuneration and 1 % of the employer’s pay-list, and, in the case of the independent contractor, 1 % of his remuneration in that capacity;

(3)  the regulation may determine the basis for computing the levy;

(4)  the employer may be required to collect the levy imposed upon the employee by retaining it out of the employee’s wages;

(d)  establish regional sub-committees to advise it;

(e)  establish any committee or sub-committee to assist it in carrying out its mandate;

(f)  collect from employers and employees all contributions or assessments imposed by collective agreement.

After the expiry of a collective agreement, the employer and the employee shall remain bound to the payment of such contribution or assessment and the Commission shall continue to collect it;

(g)  entrust the Caisse de dépôt et placement du Québec with all sums collected in excess of any amount necessary to meet the administration costs, the payment of benefits due under the complementary social benefits plan administered by it, the payment of insurance premiums and the payment of expenses of a similar nature, in accordance with the terms and conditions established by the Government, after notice by the Commission and by the Caisse de dépôt et placement du Québec;

(h)  oblige any employer and any corporation or partnership contemplated in section 19.1 to transmit to it, within the time and in the form determined by the Commission, a written notice setting out his or its identification, the name and address of each of his or its establishments, the surname, given name, address and capacity of his or its representative designated under section 19.1, if applicable, and such other information as it considers useful for the purposes of this Act and the regulations.

Subparagraphs a and b of the first paragraph continue to apply notwithstanding the expiry of a collective agreement.

1971, c. 46, s. 2; 1973, c. 29, s. 3; 1975, c. 51, s. 17; 1975, c. 19, s. 14; 1977, c. 5, s. 14; 1979, c. 2, s. 22; 1986, c. 89, s. 15, s. 50; 1988, c. 35, s. 10; 1992, c. 42, s. 11; 1993, c. 61, s. 53; 1995, c. 8, s. 40; 1998, c. 46, s. 115; 1993, c. 61, s. 53; 1999, c. 13, s. 11.

82.1. Every employer is liable for the payment to the Commission of the compulsory levy and assessment to be withheld from an employee’s wages, even if he fails to withhold such levy or assessment.

1992, c. 42, s. 12.

82.2. All sums levied under subparagraph c of section 82 and the amount of the contributions or assessments collected under subparagraph f of section 82 shall bear interest, from the date on which they are exigible, at a rate fixed by regulation under section 28 of the Act respecting the Ministère du Revenu (chapter M-31).

For the purpose of computing interest, any portion of a month is considered a full month.

The interest is not capitalized.

1992, c. 42, s. 12.

83. The following persons are guilty of an offence and liable to a fine of $200 to $400 in the case of an individual and $800 to $1,600 in the case of any other person:

(1)  every employer or employee who refuses or neglects to furnish the Commission or any person authorized by it with the information provided for in subparagraph a of section 82;

(2)  every employer who does not grant, on request, or delays to grant the Commission, or any person authorized by it, access to the register, the registration system or the pay-list provided for in subparagraph a of section 82;

(3)  every person who does not grant, or delays to grant, the Commission, or any person authorized by it, access to the place where construction work is being done or to an establishment of an employer.

1971, c. 46, s. 2; 1975, c. 51, s. 19; 1986, c. 58, s. 90; 1986, c. 89, s. 50; 1988, c. 35, s. 11; 1990, c. 4, s. 779; 1992, c. 42, s. 13; 1995, c. 51, s. 50.

83.1. Every employee or employer who fails to comply with a request made by the Commission pursuant to subparagraph f of the first paragraph of section 81 is guilty of an offence and liable, for each day during which the offence continues to a fine of $200 to $400 in the case of an individual and $800 to $1,600 in the case of any other person.

1988, c. 35, s. 11; 1990, c. 4, s. 779; 1991, c. 33, s. 119; 1992, c. 42, s. 14; 1995, c. 51, s. 50.

83.2. Every person or association who or which fails to comply with a request made by the Commission pursuant to section 81.0.1 is guilty of an offence and liable, for each day during which the offence continues to a fine of $200 to $400 in the case of an individual and $800 to $1,600 in the case of any other person or an association.

1988, c. 35, s. 11; 1990, c. 4, s. 779; 1991, c. 33, s. 120; 1992, c. 42, s. 15; 1995, c. 51, s. 50.

84. Whoever molests, hinders or insults any member or employee of the Commission in the performance of his duties, or otherwise obstructs such performance, commits an offence and is liable to a fine of $650 to $1,300.

1971, c. 46, s. 2; 1975, c. 51, s. 20; 1986, c. 58, s. 91; 1986, c. 89, s. 50; 1988, c. 35, s. 12; 1990, c. 4, s. 780; 1991, c. 33, s. 121.

85. All the employees of the Commission shall be a single bargaining unit for the purposes of certification granted under the Labour Code (chapter C-27).

1971, c. 46, s. 2; 1975, c. 51, s. 21; 1986, c. 89, s. 50.

CHAPTER VII.1 VOCATIONAL TRAINING

1986, c. 89, s. 16.

85.1. The purpose of vocational training is to develop qualified and diversified manpower taking into consideration, in particular, the qualitative and quantitative requirements of the employers and employees of the construction industry.

A further purpose of vocational training is to foster manpower adjustment, re-employment and mobility.

1986, c. 89, s. 16; 1988, c. 35, s. 18; 1995, c. 43, s. 56.

85.2. The Minister shall devise and propose to the Government the policies and measures relating to manpower in the construction industry.

1986, c. 89, s. 16; 1992, c. 44, s. 81; 1994, c. 12, s. 54.

85.3. The Commission shall, after consultation with the Committee on vocational training, devise vocational training programs and submit them to the Minister for approval.

1986, c. 89, s. 16; 1992, c. 44, s. 81; 1994, c. 12, s. 54.

85.4. The Commission shall, after consultation with the Committee on vocational training, advise the Minister of Education on any matter relating to the vocational training provided in educational institutions.

1986, c. 89, s. 16; 1993, c. 51, s. 72; 1994, c. 16, s. 50.

85.4.1. Within the first two months of a year, the Commission shall issue, for the purposes of the Act to foster the development of manpower training (chapter D-7.1), statements of contributions paid by employers in the preceding year into a training fund it administers.

It shall also attest in the statements whether or not outlays for training activities were made out of the fund in the preceding year.

1995, c. 43, s. 57.

85.5. To perform personally any construction work, every employer or employee must be the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate and apprenticeship booklet issued by the Commission or be the recipient of an exemption and have such certificate or a proof of exemption in his possession.

1986, c. 89, s. 16; 1988, c. 35, s. 18; 1996, c. 74, s. 43.

85.6. To perform personally any work relating to a trade, every employer or employee must be the holder of a journeyman competency certificate or an apprentice competency certificate and apprenticeship booklet issued by the Commission or be the recipient of an exemption in respect of that trade and have such certificate or a proof of exemption in his possession.

1986, c. 89, s. 16; 1988, c. 35, s. 18; 1996, c. 74, s. 44.

CHAPTER VIII SPECIAL PROVISIONS

86. For the purposes of this chapter, the word “union” designates any union or association of employees affiliated with a representative association.

The function of job-site steward shall be governed by the following provisions:

Every union is entitled to be represented by a job-site steward on the job site where the employer employs at least seven employees who are members of such union, subject to the following provisions:

1. — Election

Every job-site steward must be elected by secret ballot by a majority of the members of the union already employed by the employer and from among such members.

For the purposes of this section, the job site is constituted of the aggregate of the works executed by one employer on a single project.

Every subsequent increase of fifty job-site employees who are members of the union for the same employer entitles the employees to elect one additional steward.

2. — Recognition

The employer must recognize the job-site steward so appointed as the representative of the group of employees who are members of the union concerned after he has been notified of the election in writing by such union.

3. — Functions of the job-site steward

(a)  The job-site steward is an employee of the employer and as such, he must furnish a reasonable amount of work, taking his union duties into account.

(b)  As job-site steward he may, during working hours, without diminution of salary but only after notifying the employer’s representative, inquire into the disputes concerning the application of the collective agreement and discuss them with the employer.

(c)  The time allocated for the union activities of the job-site steward shall be agreed by the employer and the job-site steward, taking into account the number of employees that he represents, but it shall not exceed three hours per working day.

(d)  If, by exception, the job-site steward must leave his work for a period longer than that fixed by agreement, he must account for his prolonged absence to his employer.

4. — Preference of employment

The job-site steward shall enjoy a preference of employment on his job site in respect of all the employees if he meets the two following conditions:

(a)  he represents seven employees who are members of his union and

(b)  there is work to be done in his trade, his employment or his specialty.

5. — Training of union representatives

If the steward and his union decide that the steward needs a period of training to fulfil his new functions adequately, he will be entitled to leave his work, without pay, to attend the appropriate classes. The duration of such absence must be negotiated between the parties, taking into account the particularities of the industry.

The steward must obtain prior authorization from the employer who shall never refuse it without reasonable cause.

6. — Advance notice of layoff

When an employer wishes to lay off a job-site steward for more than five days, he must give him an advance notice of three working days. Such advance notice must also be sent, in writing, to the job-site steward’s union with the same delay. Failing such, the employer must pay an indemnity equal to four hours of wages at the prevailing wage rate, without premium, for each day of default up to three working days.

1975, c. 50, s. 3; 1986, c. 89, s. 17; 1993, c. 61, s. 54.

87. Any clause relating to the functions of job-site steward in a collective agreement is deemed not written, except a clause concerning the function of job-site delegate in matters of occupational health and safety.

However, any dispute regarding the application of paragraphs 2, 4, 5 and 6 of section 86 gives rise to the recourses provided in the collective agreement governing the employee concerned as if such provisions were contained in the collective agreement.

1975, c. 50, s. 3; 1979, c. 63, s. 316; 1993, c. 61, s. 55.

88. Subject to the Act respecting occupational health and safety (chapter S-2.1) and to the application of a clause of a collective agreement relating to work under hazardous conditions,

(a)  no employee shall refuse to instal or handle materials which his employer orders him to instal or handle;

(b)  no union shall oblige or attempt to force an employee to refuse to instal or handle materials which his employer asks him to instal or handle;

(c)  paragraphs a and b shall not be so construed as to allow the employer to oblige an employee to instal materials in the carrying out of works which do not come under the allied trades or related jobs which include his trade or job.

1975, c. 50, s. 3; 1979, c. 63, s. 317; 1993, c. 61, s. 55.

89. Every clause of a collective agreement relating to the matters contemplated in paragraphs a and b of section 88 is deemed not written, except a clause concerning occupational health and safety.

1975, c. 50, s. 3; 1979, c. 63, s. 318; 1993, c. 61, s. 55.

90. Any agreement respecting the utilization of materials bearing the union label is null ipsofacto.

1975, c. 50, s. 3.

90.1. (Repealed).

1993, c. 61, s. 56; 1995, c. 8, s. 41.

91. The disqualification contemplated in section 26 shall entail the proceedings provided for in article 838 of the Code of Civil Procedure (chapter C-25) following a motion presented by any member of the union or by the Attorney General.

Article 839 of the said Code does not apply when the Attorney General is the plaintiff.

The amount of punitive damages to which the defendant may be sentenced is the amount provided for in section 117, not the amount provided for in article 840 of the Code of Civil Procedure.

Notwithstanding article 841 of the said Code, the office held by the defendant is deemed vacant from the judgment on the motion, notwithstanding appeal.

1975, c. 50, s. 3; 1992, c. 61, s. 531.

92. (1)  The Commission shall administer the complementary social benefits plans and, for such purpose, it may make any by-law to give effect to a clause of a collective agreement intended for the establishment or amendment of a complementary social benefits plan. It shall continue the management of such plans which remain in force, even for the period following the expiry of the collective agreement. Only an express clause of the collective agreement can change the amount of the assessments or contributions affected to the complementary social benefits plans, or amend or abolish any express clause of the collective agreement respecting such plan.

(2)  The Commission may retain, out of the sums which it receives in respect of such matter, the amounts necessary to pay its administration costs, to effect the payment of the benefits due under a plan administered by it, the payment of the insurance premiums and the payment of costs of the same kind. It shall entrust to the Caisse de dépôt et placement du Québec the annual surplus of the sums received according to the terms and conditions determined by the Government after notice by the Commission and by the Caisse de dépôt et placement du Québec.

(3)  The Commission may establish by by-law the terms and conditions necessary for the transfer to another plan of any sum from the assets of a supplemental pension plan applicable to the construction industry for a group of employees subject until then to a collective agreement made under this Act. It may also establish by by-law the terms and conditions necessary for maintaining the social benefits plan in favour of employees

(a)  who are no longer subject to a collective agreement made under this Act;

(b)  who are temporarily carrying out work to which this Act does not apply, to the extent that their participation in the plan is not prohibited by a collective agreement or decree applicable to them;

(c)  to whom a collective agreement or a decree is applicable which expressly provides for their participation in the plan.

The by-law shall determine the amount of their assessments and contributions under the plan.

(3.1)  The Commission may, according to law, make an agreement with any person or association to allow the reciprocal transfer of all or part of the sums accumulated to the credit of a beneficiary under a complementary social benefits plan which he or it administers. The Commission may establish by by-law the terms and conditions necessary for the implementation of such an agreement.

(4)  (Subsection repealed);

(5)  Subject to section 11 and subsection 2 of this section, the Commission may make an agreement with any person to entrust him with a mandate for the administration of a supplemental fringe benefit plan;

(6)  With the exception of sections 15 and 20, the Regulations Act (chapter R-18.1) does not apply to a regulation made under this section.

1975, c. 19, s. 15; 1977, c. 5, s. 14; 1979, c. 2, s. 23; 1986, c. 89, s. 50; 1988, c. 35, s. 13; 1993, c. 61, s. 57; 1995, c. 8, s. 42; 1996, c. 74, s. 45.

92.1. The Commission may retain, out of the sums collected by it for the purposes mentioned in paragraph 9 of section 4, the amounts necessary to pay the administration costs and other expenses arising out of activities connected with the said purposes.

1992, c. 42, s. 16.

93. If a person is not satisfied with a decision of the Commission regarding his eligibility or regarding the amount of a benefit, or if the Commission has not rendered any decision within ninety days of the application in writing, he may appeal to the chairman of the Commission within the sixty days following the decision or,if there is no decision within such delay, within the sixty days following the expiry of such delay.

The chairman shall render his decision within twenty days of the appeal.

The chairman’s decision is itself subject to appeal, within sixty days, before the Labour Court; the decision of the latter is without appeal.

1975, c. 19, s. 15; 1986, c. 89, s. 50.

CHAPTER IX FREEDOM OF ASSOCIATION

94. Every employee has the right to belong to an association of employees of his choice, and to participate in the activities and management thereof, but he shall not belong to more than one association of employees.

1968, c. 45, s. 33; 1972, c. 10, s. 1; 1973, c. 28, s. 15; 1975, c. 51, s. 23.

95. (1)  Any professional syndicate representing construction employees or any unincorporated group of construction employees doing business in Québec must file a written declaration at the Commission signed by the president when its head office or its place of business is in Québec, or by the person directing the association in Québec when its head office or place of business is outside Québec.

(2)  Such declaration must contain the following particulars:

(a)  the name of the union or group;

(b)  the address of its head office and, if such head office is outside Québec, the address of its place of business in Québec;

(c)  the name, address and citizenship of each director and representative resident in Québec, the office held by each of them within the union or group and the manner according to which he was elected or appointed;

(d)  the name and address of any union, federation, confederation, trades council, provincial trades council or federation of such councils to which it is affiliated or with which it has made a contract of service;

(e)  the legal status of the association.

(3)  Such declaration must be accompanied by a certified true copy of the constitution and by-laws of the union or group.

(4)  The declaration must be made within 60 days after the commencement of activities.

(5)  Each time there is a change in any matter contemplated in subsection 2 of this section, a declaration of it must be made in the same manner within 60 days following such change.

(6)  The Commission shall enter each declaration in a register kept by it for that purpose.

1975, c. 51, s. 25; 1986, c. 89, s. 50.

96. (1)  The constitution of any union or group mentioned in subsection 1 of section 95 and any amendment to the said constitution must be forwarded to the Commission.

(2)  The constitution shall meet the following minimum standards:

(a)  the election of persons occupying management posts, strikes, the approval or rejection of a draft collective agreement and the fixing of the assessment can only be decided by secret ballot by the majority of the members present at a meeting duly called;

(b)  every member has the right to express his dissent at any union meeting or at any vote without incurring any penalty;

(c)  every officer entrusted with the financial management of the union or group must deposit with the Commission security of the amount determined by the Commission;

(d)  every member has the right to obtain free of charge from his union or group, at the end of each financial year, a detailed statement of income and expenditures, in French, of his union or group;

(e)  the mode of calling the meeting must be provided therein.

1975, c. 51, s. 25; 1986, c. 89, s. 50.

97. Every union or group contemplated in section 95 must file at the Commission, during the month of March each year, a copy of its financial statements for the preceding year, certified true by a chartered accountant resident in Québec.

1975, c. 51, s. 25; 1986, c. 89, s. 50.

98. No person, in the name or on behalf of an association of employees, shall, during working hours, solicit an employee to join an association.

1968, c. 45, s. 34.

99. No association of employees shall hold any meeting of its members at the place of employment without the consent of the employer.

1968, c. 45, s. 35.

100. No employer, or person acting for an employer or an employers’ association, shall in any manner seek to dominate, hinder or finance the formation or the activities of any association of employees, or to participate therein.

No association of employees, or person acting on behalf of any such association, shall belong to an employers’ association or seek to dominate, hinder or finance the formation or activities of any such association, or to participate therein.

1968, c. 45, s. 37.

101. No employer shall endeavour to intimidate a person:

(a)  because he is a member of an association of employees or an officer of such an association;

(b)  to compel him to become a member or abstain from becoming a member of an association of employees or an officer of such an association; or

(c)  to incite him to leave one association of employees to become a member of another.

Such prohibition shall apply to the employer, to the persons acting on his behalf and to the employers’ associations.

Any person who, for the above purposes or reasons, refuses to employ a person or dismisses him, threatens to dismiss him, imposes a disciplinary penalty on him, refuses him a promotion to which he would normally be entitled or has recourse to favouritism in the conduct or the distribution of work is deemed to intimidate such person.

This section shall not have the effect of preventing an employer from not employing, or from laying off, dismissing or transferring an employee for a good and sufficient reason, proof of which shall devolve upon the employer.

1968, c. 45, s. 38; 1975, c. 50, s. 4.

102. No association of employees shall resort to discriminatory measures against an employee for the sole reason that he belongs to another association or abstains from belonging to any association.

1968, c. 45, s. 39.

103. No employer shall refuse to hire an employee for the sole reason that such employee was not referred to him through an association of employees or the employment bureau of such an association.

1968, c. 45, s. 40.

104. No association of employees shall refuse to accept an employee as a member because such employee was not hired through to employment bureau of such association.

1968, c. 45, s. 41.

105. Any representative association or employee may submit to the Minister any complaint arising out of the application of the provisions of this chapter, by a notice in writing which he must send to the Minister within fifteen days after the date when the act of which he complains occurred.

The Minister may then appoint an investigator and order such investigator to report to him within the following eight days. If eight days after the expiry of such delay the employee has not obtained satisfaction, the matter shall be submitted to a single arbitration officer appointed by the Minister and chosen from among the persons whose names appear on the list drawn up annually under the second paragraph of section 77 of the Labour Code.

The arbitration award must be rendered within thirty days after the appointment of the arbitration officer or within five days after the end of the inquiry, whichever period ends first.

If no award is rendered before the period lapses, the Labour Court, on the motion of a party, may render any order it considers necessary in order that the arbitration award may be rendered as soon as possible and filed.

Sections 63 to 70, 72, 73 and 75 to 77 apply mutatis mutandis.

1968, c. 45, s. 42; 1977, c. 5, s. 14; 1983, c. 13, s. 7; 1983, c. 22, s. 107; 1991, c. 76, s. 6.

106. If the employee shows to the satisfaction of the arbitration officer that he exercises a right granted to him by this chapter, the burden of proof that there was good and sufficient reason to do what the employee complained of shall be upon the association of employees or the employer, as the case may be.

1968, c. 45, s. 43.

107. The arbitration officer may order the employer to reinstate the employee in his employ within eight days after the service of the decision, with all his rights and privileges, and to pay him, as an indemnity, the equivalent of the wages and other advantages of which he was unlawfully deprived.

The arbitration officer may also order the association of employees to reinstate the employee in its ranks, and to maintain the advantages of which he was illegally deprived.

1968, c. 45, s. 44.

CHAPTER X UNION SECURITY

108. Any union security clause having the effect of depriving an employee of the right to belong to the representative association of employees of his choice is prohibited.

1968, c. 45, s. 45.

CHAPTER X.1

Repealed, 1993, c. 61, s. 58.

1978, c. 58, s. 11; 1993, c. 61, s. 58.

DIVISION I

Repealed, 1993, c. 61, s. 58.

1978, c. 58, s. 11; 1993, c. 61, s. 58.

108.1. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 18; 1993, c. 61, s. 58.

108.2. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 50; 1993, c. 61, s. 58.

108.3. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 50; 1993, c. 61, s. 58.

108.4. (Repealed).

1978, c. 58, s. 11; 1993, c. 61, s. 58.

DIVISION II

Repealed, 1986, c. 89, s. 19.

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.5. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.6. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.7. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.8. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.9. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.10. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.11. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.12. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.13. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.14. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.15. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.16. (Repealed).

1978, c. 58, s. 11; 1986, c. 89, s. 19.

108.17. (Repealed).

1978, c. 58, s. 11; 1979, c. 37, s. 43; 1986, c. 89, s. 19.

CHAPTER XI PROCEDURE

109. Sections 40 to 50 of the Act respecting collective agreement decrees (chapter D-2) apply, with the necessary modifications. For the purposes of this section, sections 44, 45, 47 and 48 of that Act shall be read by striking out “professional” before “employer”.

1968, c. 45, s. 49; 1980, c. 23, s. 4; 1986, c. 89, s. 20; 1998, c. 46, s. 116.

109.1. Penal proceedings for an offence under a provision of subsection 4 of section 122 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.

1980, c. 23, s. 4; 1983, c. 13, s. 8; 1986, c. 89, s. 50; 1992, c. 61, s. 532.

109.2. (Repealed).

1980, c. 23, s. 4; 1986, c. 89, s. 21; 1990, c. 4, s. 781; 1992, c. 61, s. 533.

110. Any association of employees may exercise, with respect to the matters mentioned in the second paragraph of section 61 or in section 62, the recourses which the collective agreement grants to each of the employees whom it represents, without being required to prove that the interested party has assigned his claim.

1968, c. 45, s. 50; 1993, c. 61, s. 59.

111. The rights and recourses arising out of an arbitration award rendered in accordance with section 63 shall be prescribed by six months from the day when the cause of action arose. Recourse to the procedure of settlement of grievances shall interrupt prescription.

1968, c. 45, s. 51.

CHAPTER XII PENAL PROVISIONS

1992, c. 61, s. 534.

111.1. Every person who contravenes section 7.4.1 is guilty of an offence and liable, for each day or part of a day during which the offence continues, to a fine of $1,000 to $2,000 in the case of an individual and $2,000 to $4,000 in the case of any other person.

For every subsequent conviction, the fines shall be doubled.

1998, c. 46, s. 117.

112. Every representative association which fails to negotiate in accordance with section 42 shall be guilty of an offence and liable to a fine of $175 to $1,400 for each day or part of a day during which such offence continues.

1968, c. 45, s. 52; 1986, c. 58, s. 92; 1991, c. 33, s. 122.

113. Any person ordering, encouraging or supporting a strike, a work slow-down or a lock-out contrary to the provisions of this Act or participating therein is liable, in the case of an employer, an association, or a director or representative of an association, to a fine of $7,000 to $70,000 for each day or part of a day during which such strike, lock-out or slowdown exists, and in all other cases, to a fine of $50 to $175 for each day or part of a day.

1968, c. 45, s. 53; 1972, c. 10, s. 2; 1975, c. 50, s. 5; 1986, c. 58, s. 93; 1991, c. 33, s. 123.

114. (Repealed).

1968, c. 45, s. 54; 1986, c. 58, s. 94; 1988, c. 35, s. 14.

115. (1)  Any employer or any employer’s representative who offers, gives, or attempts to offer or give to a union representative, a business agent or a job-site steward, in the performance of his functions, a loan, a reward, an advantage or a benefit of any nature whatsoever or

(2)  any union representative, business agent or job-site steward who, in the performance of his functions, accepts, obtains, or attempts to accept or obtain from an employer or an employer’s representative a loan, a reward, an advantage or a benefit of any nature whatsoever,

is guilty of an offence and is liable to a fine of $700 to $13,975. Furthermore, if the offence has been committed by an employer’s representative, a union representative, a business agent or a job-site steward, the Court must declare such person disqualified to represent, in any capacity whatsoever, an employer or an association of employees for five years from the day sentence is rendered.

1975, c. 50, s. 6; 1986, c. 58, s. 95; 1991, c. 33, s. 124.

116. Any person who contravenes paragraph a or b of section 88 is liable to a fine of $700 to $13,975 for every day or part of a day during which the offence continues.

1975, c. 50, s. 6; 1986, c. 58, s. 96; 1991, c. 33, s. 125.

117. Any person who contravenes section 26 is liable to a fine of not less than $1,400 for every day or part of a day during which the offence continues.

1975, c. 50, s. 6; 1986, c. 58, s. 97; 1990, c. 4, s. 782; 1991, c. 33, s. 126.

118. Any person who attempts to commit any of the offences described in this Act, or aids or incites any person to commit or attempt to commit such an offence, is guilty of an offence and liable to the penalty prescribed for such an offence.

1968, c. 45, s. 55; 1983, c. 13, s. 9; 1992, c. 61, s. 535.

119. Every employer, every person acting for an employer and every employers’ association refusing to hire or dismissing a person because he is a director of an association, or seeking to compel an employee to become a member of an association of employees, to refrain from doing so or to cease to be so by threat of dismissal, intimidation, imposition of a disciplinary penalty, refusal of promotion he would normally be entitled to or favouritism in the conduct or distribution of work, is guilty of an offence and is liable to a fine of $350 to $700 per day or part of a day that the offence continues.

Every representative association that exerts pressure in any way to induce an employer, a person acting for an employer or an employers’ association to posit any acts contemplated in the preceding paragraph is guilty of an offence and is liable to a fine of $350 to $700 per day or part of a day that the offence continues.

Each time an employer, a person acting for an employer, or an employers’ association is convicted of an offence under the first paragraph, the representative association other than that the employee had joined is presumed to have committed an offence under the second paragraph.

1972, c. 10, s. 3; 1986, c. 58, s. 98; 1990, c. 4, s. 783; 1991, c. 33, s. 127; 1995, c. 51, s. 50.

119.1. The following persons shall be guilty of an offence and liable to a fine of $200 to $400 in the case of an individual and $800 to $1,600 in the case of any other person:

(1)  every person who personally performs construction work without being the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;

(2)  every person who personally performs construction work pertaining to a trade without being the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption, or without having such certificate or a proof of exemption in his possession;

(3)  every person who hires the services of or assigns to construction work an employee who is not the holder of a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;

(4)  every person who hires the services of or assigns to do work pertaining to a trade an employee who is not the holder of a journeyman competency certificate or an apprentice competency certificate in respect of that trade issued by the Commission, or the recipient of an exemption or who does not have such certificate or a proof of exemption in his possession;

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  every person who personally performs construction work and refuses, omits or neglects to show to a person authorized by the Commission the journeyman competency certificate, occupation competency certificate or apprentice competency certificate issued to him by the Commission, or his proof of exemption;

(8)  every person who uses the journeyman competency certificate, occupation competency certificate or apprentice competency certificate or apprenticeship booklet or the proof of exemption of another person;

(9)  every person who alters or falsifies a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet or a proof of exemption;

(10)  every person who makes a false declaration, falsifies a document or uses a falsified document to obtain a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate or apprenticeship booklet, an exemption or a card referred to in section 36;

(11)  every person who, contrary to section 19.2, performs construction work otherwise than as an employer, an employee, an independent contractor or a designated representative.

Penal proceedings instituted against a member of a partnership deemed, under the third paragraph of section 19.1, to be an employee of that partnership, shall not preclude the institution of penal proceedings, in relation to the same facts, against any other member of that partnership as an employer of the member deemed to be an employee.

1978, c. 58, s. 12; 1986, c. 89, s. 22; 1988, c. 35, s. 15, s. 18; 1990, c. 4, s. 784; 1992, c. 42, s. 17; 1995, c. 51, s. 50; 1996, c. 74, s. 46; 1998, c. 46, s. 118.

119.2. Where a person is convicted of an offence under any of sections 83, 83.1, 83.2, 84 and 111.1 or any of paragraphs 1 and 7 to 11 of section 119.1, in addition to the prescribed penalty, his competency certificate, exemption or card issued under section 36 or, as the case may be, his right to obtain the issue or renewal of such a certificate, exemption or card shall be suspended for a period of one to three months if the person has been convicted of an offence under any of the said provisions during the two preceding years.

The suspension period provided for in the first paragraph shall be extended to a period of three to six months if the convicted person’s competency certificate, exemption or card or, as the case may be, right to obtain such a certificate, exemption or card has, during the two preceding years, been suspended upon a conviction for an offence referred to in the first paragraph.

1992, c. 42, s. 18; 1996, c. 74, s. 47; 1998, c. 46, s. 119.

119.3. Every person who performs construction work while his competency certificate, exemption, or card issued under section 36 or, as the case may be, his right to obtain the issue or renewal of such a certificate, exemption or card is suspended is guilty of an offence and is liable to a fine of $800 to $1,600 and his competency certificate, exemption, or card issued under section 36 or, as the case may be, his right to obtain the issue or renewal of such a certificate, exemption or card shall be suspended for an additional period of six to 12 months.

1992, c. 42, s. 18; 1995, c. 51, s. 50; 1996, c. 74, s. 47.

119.4. Every person who hires the services of or assigns to construction work an employee while the employee’s competency certificate, exemption or card issued under section 36 or, as the case may be, his right to obtain the issue or renewal of such a certificate, exemption or card is suspended is guilty of an offence and is liable to a fine of $800 to $1,600 in the case of an individual and $2,000 to $4,000 in the case of any other person.

1992, c. 42, s. 18; 1995, c. 51, s. 50; 1996, c. 74, s. 48.

119.5. In the cases provided for in sections 119.2 and 119.3, the court shall, in addition to imposing a sentence, determine the duration of the suspension and order, where applicable, that the competency certificate, exemption or card issued under section 36 be confiscated and returned to the Commission. He may, in no case, suspend the passing of that part of the sentencing.

1992, c. 42, s. 18; 1996, c. 74, s. 49.

119.6. Every person who contravenes the third paragraph of section 23.2 or section 23.3 is guilty of an offence and liable to a fine of $500 to $1,000 in the case of a natural person and $1,000 to $2,000 in the case of a legal person.

For any subsequent conviction, the fines shall be doubled.

1998, c. 46, s. 120.

120. Any person who violates a prescription of this Act or of a regulation made thereunder, or a prescription of a collective agreement in respect of any matter other than those referred to in section 62 or subparagraph c of the first paragraph of section 81, commits an offence and is liable, if no other penalty is provided for such offence,

(a)  to a fine of not less than $175 nor more than $850 in the case of an individual;

(b)  to a fine of not less than $650 nor more than $2,800, in the case of any other person or partnership;

(c)  for a second conviction, to a fine the amount of which must not be less nor more than twice the fines provided for in paragraph a or b, as the case may be;

(d)  for any other subsequent conviction, to a fine the amount of which must not be less nor more than three times the fines provided for in paragraph a or b, as the case may be.

1968, c. 45, s. 56; 1975, c. 50, s. 7; 1975, c. 51, s. 28; 1986, c. 58, s. 99; 1988, c. 35, s. 16; 1990, c. 4, s. 785; 1991, c. 33, s. 128; 1996, c. 74, s. 50; 1993, c. 61, s. 60.

121. Subject to section 105, the Minister shall make an inquiry each time a written complaint brings to his attention an infringement of this Act.

1972, c. 10, s. 4; 1974, c. 38, s. 3; 1992, c. 61, s. 536; 1996, c. 74, s. 51.

121.1. (Repealed).

1986, c. 89, s. 23; 1990, c. 4, s. 786; 1992, c. 61, s. 537.

122. (1)  Any civil action arising out of a collective agreement or out of this Act is prescribed by 12 months from the due date in each case. In the case of an omission or a false entry in the compulsory register, the registration system or the pay-list, of a secret rebate, of an omission to keep the compulsory register or the pay-list or to transmit the compulsory monthly report to the Commission, prescription shall run against the Commission’s recourse only from the date the Commission becomes aware of the facts giving rise to the civil action.

For the purposes of the recourses of the Commission respecting the collection of indemnities, vacations and contributions or assessments of employers and employees under complementary social benefits plans, the maturity date mentioned above is the next 1 December for all the indemnities or contributions exigible from 1 January to the preceding 30 April, and the next 1 July for all those exigible from 1 May to the preceding 31 December.

However, a claim sent by the Commission to the employer, by registered or certified mail, shall interrupt prescription for the amount of the claim and in such case, the action is again prescribed by six months, from the mailing of such letter; no subsequent letter addressed in respect of the same claim shall have the effect of interrupting prescription.

(2)  Every employer who, without valid reason, proof of which shall lie upon him, dismisses, suspends or lays off an employee:

(a)  by reason of information given to the representatives of the Commission respecting a collective agreement, an agreement, a regulation or a violation of the provisions of this Act;

(b)  by reason of a complaint, an information or penal proceedings respecting it, or of testimony in a suit or motion relating to it;

(c)  with intent to re-engage him in an inferior employment and so evade a clause of a collective agreement by paying a lower wage,

is guilty of an offence and liable to a fine of $400 to $1 600 and, in the case of a second or subsequent conviction, to a fine of $800 to $3 200.

(3)  Every employee dismissed, suspended or laid off in violation of subsection 2, or with the object of obliging him to accept a classification calling for a wage less than that which he is receiving, has the right to claim from the person who employed him, as punitive damages, the equivalent of three months’ wages. Proof that the employee does not meet the requisite conditions to claim such right shall lie upon the person who employed him.

(4)  Whoever knowingly destroys, alters or falsifies any register, pay-list, registration system or document relating to the application of this Act, a collective agreement or a regulation, or knowingly forwards any false or inaccurate information or report, or gives a false designation to the position of an employee so as to pay a lower wage, is guilty of an offence and liable

(a)  to a fine of $800 to $1 600 in the case of an individual;

(b)  to a fine of $1 600 to $3 200 in the case of any other person or an association;

(c)  to a fine equal to twice the amount of the fine prescribed in paragraph a or b, as the case may be, for a second conviction;

(d)  to a fine equal to three times the amount of the fine prescribed in paragraph a or b, as the case may be, for any subsequent conviction.

(5)  Whoever, by means of benefits having a pecuniary value, grants or accepts a rebate reducing the wage made obligatory, or participates in such a rebate, is guilty of an offence and liable to the fines prescribed in section 119.1.

(6)  In any civil action taken under this Act, it shall not be necessary to produce the original of any book, register, order or document in the possession of the Commission, but a copy or extract duly certified by a person designated by the Commission, shall be evidence of the tenor of the original and the certificate affixed to such copy or extract shall establish, prima facie, the signature and authority of the employee of the Commission who gives it.

The Commission shall designate the persons authorized to issue certified copies of documents for a penal proceeding.

(7)  In the case of a bankruptcy of or a winding-up order in respect of a legal person, or in the case of the legal person’s dissolution pursuant to the second paragraph of section 50 of the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45), the directors of the legal person shall be personally and solidarily liable for the payment of the wages payable to the employees of the legal person, up to six months’ wages, provided that a claim is filed for that debt within one year of the bankruptcy, winding-up order or dissolution.

The same applies, when, after a judgment rendered against a legal person, the writ of execution is returned without being satisfied in whole or in part, if the directors are prosecuted within one year of the judgment recognizing the exigibility of the salary.

(8)  In the cases contemplated in subsection 7, the Commission shall reimburse to the employee the salary he has lost.

At the request of the Minister of Employment and Solidarity, the Commission shall deduct from such reimbursement the benefits paid to the employee or his family under the Act respecting income security (chapter S-3.1.1) and which may be recovered under section 35 of the said Act. The Commission shall remit the amount thus deducted to the Minister of Employment and Solidarity.

1968, c. 45, s. 57; 1971, c. 46, s. 3; 1975, c. 19, s. 16; 1975, c. 51, s. 29; 1975, c. 83, s. 84; 1983, c. 13, s. 10; 1986, c. 58, s. 100; 1986, c. 89, s. 50; 1988, c. 35, s. 17; 1988, c. 51, s. 125; 1990, c. 4, s. 787; 1991, c. 33, s. 129; 1992, c. 42, s. 19; 1992, c. 44, s. 81; 1992, c. 61, s. 538; 1994, c. 12, s. 55; 1993, c. 61, s. 61; 1995, c. 51, s. 50; 1997, c. 63, s. 128; 1998, c. 46, s. 121.

CHAPTER XIII REGULATIONS

123. The Government may, by regulation,

(1)  (paragraph repealed);

(2)  (paragraph repealed);

(3)  (paragraph repealed);

(4)  (paragraph repealed);

(5)  (paragraph repealed);

(6)  (paragraph repealed);

(7)  (paragraph repealed);

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

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

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

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

In force: 1998-09-08

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

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

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

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

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

In force: 1998-09-08

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

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

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.

123.2. Every regulation of the Commission made under section 123.1 shall be transmitted to the Minister who shall recommend it to the Government for approval.

The Government may amend any regulation submitted for approval under the first paragraph.

Where the Commission fails to adopt or amend a regulation made under section 123.1 within such time as the Government may consider reasonable, the Government, on the recommendation of the Minister, may, itself, make the regulation.

1986, c. 89, s. 24; 1992, c. 44, s. 81; 1993, c. 61, s. 64; 1994, c. 12, s. 56.

123.3. The Commission shall submit to the Joint Committee on Construction, for consultation, every regulation it may adopt under this Act other than a regulation under section 123.1, before it is adopted.

The Commission shall submit to the Committee on vocational training, for consultation, every regulation it may adopt under section 123.1, before it is adopted.

The Joint Committee on Construction or the Committee on vocational training, as the case may be, shall, within thirty days, send its comments to the Commission. At the expiry of that time, the Commission may adopt the regulation.

1979, c. 2, s. 24; 1986, c. 89, s. 25.

CHAPTER XIII.1 COMMUNICATION OF INFORMATION

1992, c. 42, s. 21.

123.4. For the purposes of this Act and the regulations, the Commission may obtain from a body that is subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) any information or document in its possession relating to the carrying out of construction work and to the persons who carry out such work or cause such work to be carried out and the body shall furnish such information or document to the Commission in accordance with that Act.

1992, c. 42, s. 21; 1992, c. 44, s. 81; 1993, c. 61, s. 65.

123.4.1. The Commission may, according to law, enter into an agreement with a government in Canada or abroad or with a department or body of such a government for the carrying out of this Act and the regulations or of an Act for the carrying out of which such a government, department or body is responsible.

Such an agreement may permit the exchange of nominative information for the prevention, detection or repression of offences under any such Act.

1993, c. 61, s. 65.

123.4.2. The Commission shall collect and keep updated all data necessary for the purposes of a regulation under subparagraphs 8.2 and 8.3 of the first paragraph of section 123 and of the provisions of the Building Act (chapter B-1.1) pertaining to licences that contain a restriction as regards the obtention of a public contract.

1997, c. 85, s. 399.

123.4.3. The Attorney General shall communicate to the Commission all information necessary for the purposes of the provisions referred to in section 123.4.2 that relate to a conviction for an offence under this Act or a regulation under it.

1997, c. 85, s. 399.

123.4.4. The Commission shall communicate to the Régie du bâtiment du Québec and a mandatary corporation referred to in section 129.3 of the Building Act (chapter B-1.1) the information it holds in respect of a contractor or, in the case of a legal person, any of the legal person’s directors or, in the case of a partnership, the partnership’s partners, that is necessary for the purposes of the provisions of the Building Act pertaining to licences that contain a restriction as regards the obtention of a public contract.

1997, c. 85, s. 399; 1998, c. 46, s. 123.

123.5. No person may be prosecuted by reason of any information or document furnished by him in good faith to the Commission under this chapter.

1992, c. 42, s. 21.

CHAPTER XIV FINAL PROVISIONS

124. The provisions of the Labour Code (chapter C-27), of the Act respecting collective agreement decrees (chapter D-2) and of the Act respecting manpower vocational training and qualification (chapter F-5) do not apply in the construction industry, except where expressly provided to the contrary.

1968, c. 45, s. 59; 1986, c. 89, s. 26.

125. Notwithstanding this Act, the provisions of the Labour Code (chapter C-27) shall apply to Hydro-Québec and to its employees at the job sites at Manicouagan, Outardes, Gentilly and Témiscamingue Falls 1, for the duration of the work now in hand.

1968, c. 45, s. 69.

126. (Repealed).

1978, c. 58, s. 13; 1993, c. 61, s. 66.

126.0.1. The Commission, after consultation with the Commission des droits de la personne et des droits de la jeunesse, shall develop measures to favour the access of women to and their maintenance and greater representation on the labour market in the construction industry.

The Commission shall transmit to the Minister, at his request, any report or other information concerning the application of the first paragraph, within the time and in the form he determines.

1995, c. 8, s. 44; 1995, c. 27, s. 41.

126.0.2. A fee of $0.075 per hour of work is payable to the Commission by every person who transmits to it contributions and assessments under supplemental fringe benefit plans in respect of an employee who is not an employee subject to this Act.

A fee of $0.075 per hour of work is payable to the Commission by an employee referred to in the first paragraph; such fee may be deducted from the employee’s salary or wages.

This section takes effect on 26 February 1995 and shall remain in effect until the coming into force of a regulation concerning such fees made by the Government under paragraph 8.1 of section 123.

1995, c. 8, s. 44.

126.0.3. The Commission shall apply any provision of a collective agreement providing for the transfer, to a training fund established by the collective agreement, of the sums accumulated in the training plan fund established by section 2 of the Decree amending the Construction Decree adopted by Order in Council 1883-92 dated 16 December 1992.

The Commission shall establish the amount to be transferred on the basis of the assessment made by the Commission of the contributions paid into the training plan fund in respect of the hours worked in the sector covered by the collective agreement and the proceeds of investment of the sums corresponding to those contributions, less the amounts referred to in section 92.1 that are allocated to that sector by the Commission.

1997, c. 74, s. 3.

126.0.4. The Minister may generally or specially delegate to a member of the personnel of the Minister’s department or to a person designated by the Minister the exercise of the powers conferred on the Minister by this Act.

1998, c. 46, s. 124.

126.1. The Minister of Labour is responsible for the administration of this Act.

1986, c. 89, s. 27; 1994, c. 12, s. 57; 1996, c. 29, s. 43.

127. (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 45 of the statutes of 1968, in force on 31 December 1977, is repealed, except sections 60, 61 and 70, effective from the coming into force of chapter R-20 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), paragraph t of section 1, the second and third paragraphs of section 2, subparagraph t of section 1, the second and third paragraphs of section 2, subparagraph t of section 1, the second and third paragraphs of section 2, subparagraph t of section 1, the second and third paragraphs of section 2, subparagraph b1 of the first paragraph of section 32d and subsection 4 of section 32s of chapter 45 of the statutes of 1968, in force on 1 November 1980 are repealed effective from the coming into force of the updating to 1 November 1980 of chapter R-20 of the Revised Statutes.

Sections 21.2, 22, 23, 24, 65, 74, 75, 93 and 105 of this Act will be amended upon the coming into force of sections 77 to 82 of chapter 85 of the statutes of 1987 on the date or dates fixed by order of the Government.

Sections 1 and 20 of this Act will be amended upon the coming into force of paragraph 2 of section 1 and of section 12 of chapter 61 of the statutes of 1993 on the date or dates fixed by order of the Government.

Section 122 of this Act will be amended upon the coming into force of section 192 of chapter 36 of the statutes of 1998 on the date fixed by order of the Government.

Section 21.1 of this Act will be repealed upon the coming into force of section 76 of chapter 85 of the statutes of 1987 on the date fixed by order of the Government.