R-20, r. 5 - Regulation respecting the issuance of competency certificates

À jour au 5 décembre 2014

Ce document a valeur officielle.

chapter R-20, r. 5

Regulation respecting the issuance of competency certificates

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

(chapter R-20, s. 123).

DIVISION I ISSUANCE OF COMPETENCY CERTIFICATES

1. The Commission shall issue, upon application, a journeyman competency certificate to every person who holds a qualification certificate or attestation of experience issued under the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8) and who furnishes proof that he has successfully completed a safety course required by the Safety Code for the Construction Industry (chapter S-2.1, r. 4).

The certificate must pertain to the trade, specialty or, as the case may be, skills for which the qualification certificate or attestation of experience was issued.

To be issued a journeyman competency certificate corresponding to the trade of crane operator, the holder of a qualification certificate corresponding to that trade must also prove that he has completed the course “Utilisation sécuritaire des grues” given by the Quebec School Boards or any equivalent course given outside Québec.

O.C. 673-87, s. 1; O.C. 992-92, s. 1; O.C. 314-93, s. 1; O.C. 799-94, s. 1.

1.1. The Commission shall issue, upon application, a journeyman competency certificate to a person who passes the qualification examination provided for in Division IV of the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8), and who furnishes proof that he has successfully completed the safety course required by the Safety Code for the Construction Industry (chapter S-2.1, r. 4).

The certificate must pertain to the trade or specialty for which the applicant has passed the examination.

O.C. 314-93, s. 2.

1.2. The Commission shall issue, upon application, a journeyman competency certificate to a person who is exempted from the qualification examination under section 11 of the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8) and who furnishes proof that he has successfully completed the safety course required by the Safety Code for the Construction Industry (chapter S-2.1, r. 4) or an equivalent course according to the Commission de la santé et de la sécurité du travail.

The certificate must pertain to the trade or specialty for which the qualification certificate was issued.

O.C. 314-93, s. 2; O.C. 856-2012, s. 1.

1.3. A person who applies for an initial issuance of a journeyman competency certificate and who has held for at least 5 years a qualification certificate issued by the Minister of Employment and Social Solidarity or by an agency empowered to do so under the statutes of Québec must, in order to be issued a journeyman competency certificate, take a competency assessment examination in accordance with section 12 and, as the case may be, successfully complete the additional vocational training required under that section, unless the person proves to the Commission that the person is in one of the situations referred to in paragraphs 1 to 5 of section 11.

Despite the first paragraph, the Commission issues, upon application, a journeyman competency certificate corresponding to the trade of electrician or refrigeration mechanic, or to the specialty of plumber or heating systems installer, to a person who

(1)  holds a valid qualification certificate, issued by the Minister of Employment and Social Solidarity, recognizing the person’s qualification in electricity (electrical installation), refrigeration system (refrigeration system of a capacity of 200 watts or more), plumbing (plumbing system) or heating (heating system);

(2)  holds a school leaving certificate in vocational or technical studies awarded under the Education Act (chapter I-13.3) or the General and Vocational Colleges Act (chapter C-29) and recognized by the Commission for that trade or specialty;

(3)  demonstrates, by means of supporting documents, that he or she has acquired at least 8,000 hours of experience in working hours and applicable training credits for that trade or specialty;

(4)  has successfully completed the safety course required under the Safety Code for the construction industry (chapter S-2.1, r. 4).

O.C. 314-93, s. 2; O.C. 1112-93, s. 1; O.C. 856-2012, s. 2; O.C. 523-2014, s. 1.

1.4. No journeyman competency certificate may be issued to a person who has already held such a certificate if no monthly report sent to the Commission by an employer registered with it proves that the applicant has performed, in the construction industry, work related to the trade mentioned in the certificate for which he is applying during a period of 5 consecutive years preceding the date of his new application, unless he proves to the Commission that he is in one of the situations referred to in paragraphs 1 to 5 of section 11 or he has passed the assessment examination and, as the case may be, has successfully completed the additional vocational training required under section 12.

The first paragraph does not apply if the applicant’s initial journeyman competency certificate was issued by the Commission less than 5 years ago.

O.C. 314-93, s. 2; O.C. 1112-93, s. 1.

2. The Commission shall issue an apprentice competency certificate to every person who applies therefor, is 16 years of age or over, and furnishes proof that he has successfully completed a safety course required by the Safety Code for the Construction Industry (chapter S-2.1, r. 4), in any of the following cases:

(1)  (paragraph revoked);

(2)  this person holds a journeyman competency certificate restricted to one specialty or some skills of a trade and wishes to continue his apprenticeship in another specialty or in all the skills of this trade;

(3)  this person holds a journeyman competency certificate and wishes to undertake or continue his apprenticeship in another trade;

(4)  this person proves to the Commission that he is an employer holding a contractor licence issued under the Building Act (chapter B-1.1) or that he is the designated representative under section 19.1 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20), of an employer holding such a licence; in the latter case, the certificate is no longer valid if its holder ceases to be the employer’s designated representative;

(5)  this person is exempt from the obligation to hold an apprentice competency certificate, issued under paragraph 6 of section 14 or under section 15.5, proves that he meets the admission requirements prescribed in basic school regulations made under the Education Act (chapter I-13.3), for a program of study leading to a vocational training diploma pertaining to the trade indicated in this application and that he has worked at least 1,000 hours since the initial issuance of that exemption, under the conditions and restrictions provided for in section 15 or, as the case may be, in section 15.5.

O.C. 673-87, s. 2; O.C. 1112-93, s. 2; O.C. 799-94, s. 2; O.C. 1246-94, s. 1; O.C. 1451-96, s. 1.

2.1. The Commission shall issue, upon application, an apprentice competency certificate to a person who holds a secondary school leaving certificate in vocational studies granted by the Minister of Education, Recreation and Sports for one of the construction trades or demonstrates that he has acquired equivalent training, who provides an attestation that he has successfully completed a safety course required under the Safety Code for the construction industry (chapter S-2.1, r. 4), and in respect of whom an employer registered with the Commission files a workforce request, guarantees that person employment for not less than 150 hours over a period not exceeding 3 months and provides the Commission with proof of the guarantee.

O.C. 1191-89, ss. 1 and 2; O.C. 1246-94, s. 2.

2.2. The Commission shall issue, on application, an apprentice competency certificate for the shovel operator and heavy equipment operator trades to a person who holds a diploma for the “Heavy Equipment Operator (Northern sites)” program offered by the Cree School Board or the Kativik School Board and who provides an attestation that the person has successfully completed a safety course required under the Safety Code for the construction industry (chapter S-2.1, r. 4).

The certificate authorizes its holder to carry out construction work only in Region 10–Nord-du-Québec as defined in the Décret concernant la révision des limites des régions administratives du Québec (chapter D-11, r. 1).

O.C. 96-2004, s. 1.

3. In the case of a workforce shortage, that is, when less than 5% of the total number of employees holding an apprentice competency certificate issued for a trade and a region contemplated in an application for a certificate are available at the time of the application, the Commission may issue an apprentice competency certificate to a person 16 years of age or older:

(1)  who provides an attestation that he has successfully completed a safety course required under the Safety Code for the construction industry (chapter S-2.1, r. 4);

(2)  who demonstrates that he meets the admission requirements prescribed in basic school regulations (régime pédagogique) made under the Education Act (chapter I-13.3) for a program of studies leading to a vocational training diploma pertaining to the trade indicated in that application;

(3)  in respect of whom an employer registered with the Commission files a workforce request, guarantees that person employment for not less than 150 hours over a period not exceeding 3 months and provides the Commission with proof of the guarantee.

O.C. 673-87, s. 3; O.C. 1191-89, s. 3; O.C. 799-94, s. 3; O.C. 1246-94, s. 3.

3.1. The Commission shall not deliver, under section 3, during a workforce shortage, a number of apprentice competency certificates higher than 5% of the total number of apprentice competency certificates issued for the trade and the region concerned before this shortage or, if that number is higher than 2,000, a number of apprentice competency certificates higher than 100.

O.C. 1191-89, s. 3.

3.2. To be issued an apprentice competency certificate corresponding to the trade of crane operator, the person mentioned in sections 2 and 3 must also prove that she has completed the course “Utilisation sécuritaire des grues” given by the Quebec School Boards or any other equivalent course given outside Québec.

O.C. 992-92, s. 2; O.C. 799-94, s. 4.

4. The Commission shall issue an occupation competency certificate to every person who is 16 years of age or older and who applies therefor and furnishes proof to the Commission that he has successfully completed a safety course required by the Safety Code for the construction industry (chapter S-2.1, r. 4), in any of the following cases:

(1)  this person furnishes proof that he has successfully completed the course on general knowledge of the industry approved by the Commission;

(2)  this person furnishes proof that he is an employer holding a contractor licence issued under the Building Act (chapter B-1.1) or that he is, under section 19.1 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20), an employer’s designated representative holding such a licence; in the latter case, the certificate is no longer valid if the holder has ceased to be the employer’s designated representative;

(3)  this person has an exemption from the obligation to hold an occupation competency certificate, issued under paragraph 6 of section 14 or under section 15.5, and has worked at least 1,000 hours since the initial issuance of that exemption, under the conditions and restrictions provided for in section 15 or, as the case may be, section 15.5.

No occupation competency certificate may be issued under subparagraph 1 of the first paragraph to a person who has already held such a certificate unless an employer registered with the Commission files a workforce request, guarantees that person employment for not less than 150 hours over a period not exceeding 3 months and provides the Commission with proof of the guarantee.

O.C. 673-87, s. 4; O.C. 1451-96, s. 2; O.C. 96-2004, s. 2.

4.1. The Commission shall mention, for a given region, the maximum number of available places in the course on general knowledge of the construction industry for one calendar year in a notice posted in its regional offices and published in a newspaper, a bulletin or other publication distributed in the region concerned.

This number corresponds with the number which has been established to take into account the estimated quantitative needs of employers and employees in the construction industry.

This number may be increased in order to fill specific needs arising from the broadening of the scope of the Act or from a judicial or quasi-judicial decision which makes a work fall under the scope of the Act.

O.C. 1191-89, s. 4.

4.2. In the case of a workforce shortage, that is when less than 5% of the total number of employees holding an occupation competency certificate issued for the region contemplated by an application for a certificate, are available at the time of application, the Commission may issue an apprentice competency certificate to every person 16 years of age or older and in respect of whom an employer registered with the Commission files a workforce request, guarantees that person employment for not less than 150 hours over a period not exceeding 3 months and furnishes to the Commission proof of the guarantee and proof that the person has successfully completed a safety course required by the Safety Code for the Construction Industry (chapter S-2.1, r. 4).

O.C. 1191-89, s. 4; O.C. 799-94, s. 5.

4.3. The Commission may not deliver, under section 4.2, during a workforce shortage, a number of occupation competency certificates higher than 5% of the total number of occupation competency certificates that have been issued for the region concerned before this shortage or, if that number is higher than 2,000, a number of occupation competency certificates higher than 100.

O.C. 1191-89, s. 4.

4.4. The Commission issues, upon application, an occupation competency certificate to a person who meets the following requirements:

(1)  the person holds a Red Seal qualification certificate, issued in accordance with the provisions of the Interprovincial Standards Red Seal Program, or holds a qualification certificate issued by a regulatory authority recognized under an intergovernmental agreement in a trade considered to be an occupation in Québec;

(2)  the person has successfully completed the safety course required by the Safety Code for the Construction Industry (chapter S-2.1, r. 4) or an equivalent course according to the Commission de la santé et de la sécurité du travail.

O.C. 856-2012, s. 3.

DIVISION II DURATION AND RENEWAL OF COMPETENCY CERTIFICATES

5. Subject to section 6, a journeyman competency certificate, an apprentice competency certificate or an occupation competency certificate expires 1 year after its issuance or renewal.

Furthermore, regarding the trade of crane operator, as of 1 March 1994, a journeyman competency certificate or an apprentice competency certificate can only be renewed if, in addition to the other conditions set out in the regulation, the holder has proven either that he has successfully completed the course “Utilisation sécuritaire des grues” given by the Québec School Boards, or passed the evaluation exam related to that course or that he has passed any other equivalent course given outside Québec.

O.C. 673-87, s. 5; O.C. 1191-89, s. 5; O.C. 992-92, s. 3; O.C.1112-93, s. 3; O.C. 799-94, s. 6.

6. The competency certificate issued initially upon application by an employer who files a workforce request with a guarantee of employment shall bear an expiry date corresponding to the last day of the fourth full month following that of its issuance and it shall include the employer’s name. It shall be replaced by a certificate which expires 1 year after that replacement where the Commission ascertains, in the employer’s monthly reports, that the employee has worked the 150 hours corresponding to the guarantee.

O.C. 673-87, s. 6; O.C. 1191-89, s. 6; O.C. 1112-93, s. 4.

7. The Commission shall renew an expired certificate if a monthly report sent to the Commission by an employer registered with it proves that its holder has worked in the construction industry during the 14 months preceding that of renewal.

Despite the foregoing, to obtain the renewal of his certificate, the holder of an apprentice competency certificate issued under section 2 or section 3 must also provide proof that he has registered, either in a training program pertaining to the trade corresponding to his apprentice competency certificate or in any other course pertaining to the trade recognized by the Commission on 30 June 2007 and that he took, during the period of validity of the expired certificate, at least 30 hours of training, or that he registered in such a program or course but could not pursue it because of a lack of available places.

To obtain renewal of his certificate, the holder of an occupation competency certificate issued under section 4.2 must also furnish proof that he has successfully completed the course on general knowledge of the industry approved by the Commission.

Despite the first paragraph, the Commission shall renew a first occupation competency certificate issued to a person under subparagraph 1 of the first paragraph of section 4 only after it ascertains, by monthly reports sent by a registered employer, that the person has worked at least 150 hours.

O.C. 673-87, s. 7; O.C. 1191-89, s. 7; O.C. 1246-94, s. 4; O.C. 1451-96, s. 3; O.C. 96-2004, s. 3; O.C. 747-2013, s. 1.

7.1. The Commission shall renew, upon application, an occupation competency certificate which could not be renewed under the first paragraph of section 7, if its holder can prove that he has successfully completed a safety course required by the Safety Code for the Construction Industry (chapter S-2.1, r. 4), and that the registers of the Commission show that this person has worked at least 10,000 hours in an occupation in the construction industry since 1 January 1971, unless this person has not worked at least 1 hour in an occupation in the construction industry in a consecutive period of 5 years as of 1 August 1989.

O.C. 1191-89, s. 8.

7.2. The Commission shall renew, upon application, an occupation competency certificate which could not be renewed under section 7 or section 7.1, for a person not covered by section 4, where the holder of the expired certificate has successfully completed a safety course required by the Safety Code for the construction industry (chapter S-2.1, r. 4) and provided that an employer registered with the Commission files a workforce request, guarantees that person employment for not less than 150 hours over a period not exceeding 3 months, and furnishes proof of such guarantee to the Commission. The application may be filed not later than 8 months after the certificate expires.

An occupation competency certificate renewed in this manner shall bear an expiry date corresponding to the last day of the fourth full month following that of the renewal and it shall include the name of the employer who has furnished the guarantee of employment. It shall be replaced by a certificate which expires 1 year after that replacement where the Commission ascertains, in the employer’s monthly reports, that the employee has worked the 150 hours corresponding to the guarantee.

O.C. 1112-93, s. 5.

7.3. The Commission shall renew, upon application, an apprentice competency certificate which cannot be renewed under section 7:

(1)  if the holder of the expired certificate has successfully completed a safety course required under the Safety Code for the construction industry (chapter S-2.1, r. 4);

(2)  if, considering the number of hours of practice and the training credits recorded in his apprenticeship booklet in accordance with section 17 of the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8), he has completed at least 35% of the apprenticeship for the trade indicated in his application for renewal;

(3)  if an employer registered with the Commission files a workforce request, guarantees that person employment for not less than 150 hours over a period not exceeding 3 months and furnishes to the Commission proof of the guarantee;

The application for renewal may be made not later than 5 years after the expiry date of the certificate.

An apprentice competency certificate renewed in this manner shall bear an expiry date corresponding to the last day of the fourth full month following that of the renewal and it shall include the name of the employer who has furnished the guarantee of employment. It shall be replaced by a certificate which expires one year after that replacement where the Commission ascertains, in the employer’s monthly reports, that the employee has worked the 150 hours corresponding to the guarantee.

O.C. 1112-93, s. 5; O.C. 1246-94, s. 5.

8. The Commission shall renew, upon application, a competency certificate which could not be renewed under section 7 where its holder proves that, during the period contemplated,

(1)  he has continued performing work authorized by his competency certificate in the construction industry outside Québec;

(2)  he has worked in the construction industry as an employer or as the designated representative of an employer under section 19.1 of the Act and he personally has performed work authorized by his apprentice competency certificate or his journeyman competency certificate;

(3)  he has worked in the construction industry as an employer or as the designated representative of an employer under section 19.1 of the Act, provided he held an occupation competency certificate;

(4)  he was unable to perform work authorized by his competency certificate because of illness, an accident or union or management activities in the construction industry.

O.C. 673-87, s. 8; O.C. 1112-93, s. 6.

DIVISION II.1 PROVISIONS AIMING AT FAVOURING THE ACCESS OF WOMEN TO, AND THEIR MAINTENANCE AND GREATER REPRESENTATION ON, THE LABOUR MARKET IN THE CONSTRUCTION INDUSTRY

O.C. 1398-97, s. 1.

8.1. The Commission may issue, pursuant to section 2.1, an apprentice competency certificate to a woman who has never been the holder of such certificate, without the employer’s who files a workforce request having to guarantee that person an employment for not less than 150 hours over a period not exceeding 3 months, on condition that this employer confirms in writing to the Commission that he binds himself to hire that person.

Notwithstanding section 6, the first apprentice competency certificate issued to a woman pursuant to the first paragraph expires 2 years after the date it was issued. The Commission shall renew such certificate if monthly reports sent to the Commission by employers registered with it prove that the employee has worked for at least 150 hours during those 2 years.

O.C. 1398-97, s. 1.

8.2. The number of hours worked in an occupation entailing the application of section 7.1 is 5,000 for a woman who is the holder of an occupation competency certificate.

O.C. 1398-97, s. 1.

DIVISION III ASSESSMENT OF COMPETENCY

9. A journeyman competency certificate shall be cancelled if no monthly report sent to the Commission by an employer registered with it proves that its holder has performed, in the construction industry, work related to the trade mentioned in the certificate during a period of 5 consecutive years as of 6 May 1987.

O.C. 673-87, s. 9.

10. The Commission shall notify the holder of a journeyman competency certificate that his certificate has been cancelled.

The holder whose competency certificate has been cancelled cannot take advantage of the provisions of section 1 concerning work authorized by the competency certificate.

O.C. 673-87, s. 10.

11. A cancelled journeyman competency certificate shall be reinstated if its holder proves to the Commission that, during the period contemplated:

(1)  he continued carrying out, in the construction industry outside Québec, work authorized by his competency certificate;

(2)  he has worked in the construction industry as an employer or as the designated representative of an employer under section 19.1 of the Act;

(3)  he performed management or union activities in the construction industry;

(4)  he carried out, outside the scope of the Act and the regulations thereunder, work pertaining to the trade, specialty or, as the case may be, skills authorized by his competency certificate or mentioned in the certificate for which he has applied;

(5)  he was unable to perform any construction work because of illness or an accident and he received salary insurance payment under the Regulation respecting complementary social benefit plans in the construction industry (chapter R-20, r. 10) or he received, in relation to the illness or accident, benefits under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Crime Victims Compensation Act (chapter I-6) and the Automobile Insurance Act (chapter A-25) or benefits of the same or equivalent nature for an illness or accident occurring outside Québec.

O.C. 673-87, s. 11; O.C. 314-93, s. 3; O.C. 1112-93, s. 7.

12. Any person whose journeyman competency certificate has been cancelled may take a competency assessment exam recognized by the Commission.

Considering the results of the assessment exam and after giving the person concerned the opportunity of being heard, the Commission shall determine the additional vocational training that this person must receive to obtain the reinstatement of his journeyman competency certificate.

O.C. 673-87, s. 12.

13. The Commission shall reinstate the journeyman competency certificate of a person who has successfully completed the additional vocational training required.

O.C. 673-87, s. 13.

DIVISION IV EXEMPTIONS

14. The Commission may, by way of exception, exempt a person from the obligation to hold a journeyman competency certificate, occupation competency certificate or apprentice competency certificate where:

(1)  the person proves that he has acquired, outside Québec, under a qualification program considered equivalent to that of Québec, the qualifications required to practice the trade or specialty referred to in the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8) for which he wishes to obtain an exemption from the obligation to hold a journeyman competency certificate;

(1.1)  the person proves that he has obtained, outside Québec, provisional authorization, issued by a body having competence to do so and recognized for that purpose under an intergovernmental agreement to which the Gouvernement du Québec is a party, to practice the trade or specialty which, under that agreement, corresponds to the trade or specialty for which he wishes to obtain an exemption from the obligation to hold a journeyman competency certificate;

(2)  the person proves that he was admitted to apprenticeship under an apprenticeship program established outside Québec that is considered equivalent to the apprenticeship program prescribed by the Regulation respecting the vocational training of the workforce in the construction industry in the trade for which he wishes to obtain an exemption from the obligation to hold an apprentice competency certificate;

(3)  the person establishes that he intends to perform construction work within the framework of an interprovincial or international agreement relating to a workforce vocational training exchange program;

(4)  an employer establishes that without the services of that person he will be unable to cause a given construction work to be properly carried out;

(5)  this person is the child of an employer or, if the employer is a partnership or a legal person, he is the child of a member of that partnership or director of that legal person, and that employer submits an application in order to ensure that someone takes over the business. Notwithstanding the foregoing, the exemption from the obligation to hold an apprentice competency certificate shall only be issued to a person who meets the admission requirements prescribed in basic school regulations made under the Education Act (chapter I-13.3), for a program of vocational studies leading to a vocational training diploma pertaining to the trade indicated in the application;

(6)  an employer furnishes proof that no holder of a competency certificate is available in the construction industry to perform the work established in the application, guarantees employment to that person for at least 150 hours over a period not exceeding 3 months and furnishes proof of that guarantee to the Commission;

(7)  the person is the subject of an application to obtain a casual employee identification card under section 5 of the Regulation respecting the application of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20, r. 1) and meets the requirements governing the issuance of such a card.

O.C. 673-87, s. 14; O.C. 314-93, s. 4; O.C. 1112-93, s. 8; O.C. 799-94, s. 7; O.C. 1451-96, s. 4.

15. The exemption issued under subsections 1 and 2 of section 14 shall be valid for a period not exceeding 3 months and restricted to the construction site contemplated by the application.

The exemption issued under paragraph 1.1 of section 14 is valid for the duration of the provisional authorization.

The exemption issued under subsection 3 of section 14 shall be valid for the duration of the stay, the regions and work established in the agreement.

The exemption issued under paragraph 4 of section 14 shall only be valid for a period not exceeding 2 months, for specific work established in the application, for the job site where such work is to be carried out and for the employer justifying the application.

Notwithstanding the fourth paragraph, the exemption issued under paragraph 4 of section 14 may be valid for a period exceeding 2 months with an expiry date that coincides with the end of the work to be carried out, where the employer furnishes proof to the Commission that he will also employ on the job site at least one employee holding a competency certificate who shall be able to learn, from the employee for whom the exemption is applied for, the specific skills of that employee. In this case, the exemption may be extended upon application in order to allow the employer to complete the work for which it was issued.

The exemption issued under paragraph 5 of section 14 shall be valid for a period of 3 months and entitles its holder to perform work only for the employer who made the application. Notwithstanding section 16, it may be renewed upon application if the employer has stated, in the monthly reports filed with the Commission, that the holder of the exemption has worked at least 150 hours during the time the exemption was in force. The exemption from the obligation to hold an apprentice competency certificate issued under that paragraph may be renewed 1 year after the date it was initially issued only if its holder has registered in a training program pertaining to the trade corresponding to his apprentice competency certificate and that he took, during the period of validity of the exemption or its renewal, at least 150 hours of training in that program, up to the total number of hours of training in that program or has registered in such a program but could not pursue it because of a lack of available places. The Commission shall issue only one exemption per firm under that paragraph;

The exemption issued under subsection 6 of section 14 is valid for a period not exceeding 3 months for work established in the application and for the employer justifying such application.

Notwithstanding section 16, the exemption issued under paragraph 6 of section 14 may be renewed if the employer furnishes proof that no worker holding a competency certificate is available in the construction industry to perform the work established in the application, that he has respected the terms regarding the guarantee of employment provided in the preceding application, and that he once again guarantees that worker employment for at least 150 hours.

Despite section 16, an exemption issued under paragraph 6 of section 14 to an operator of concrete pumps equipped with a distribution mast may be renewed for a period of 12 months where, according to the monthly reports filed with the Commission by a registered employer, the holder has worked at least one hour during the time the exemption was valid, and where the guarantee of employment provided by the employer in support of the initial application has been respected.

The exemption issued under paragraph 7 of section 14 shall be valid for a period not exceeding 3 months, for the work described on the occasional employee’s card issued to the holder of the exemption and for the employer justifying the application.

O.C. 673-87, s. 15; O.C. 1112-93, s. 9; O.C. 799-94, s. 8; O.C. 1451-96, s. 5; O.C. 747-2013, s. 2.

15.1. A person 16 years of age or older admitted to the apprenticeship under an apprenticeship program established outside Québec may, upon application, be exempted by the Commission from the obligation to hold an apprentice competency certificate where such exemption is the subject of an intergovernmental agreement to which the Gouvernement du Québec is a party.

The application must:

(1)  be supported by an employer who proves that the person has worked for him 1,500 hours or more as an apprentice in the trade for which the exemption is applied for, within or outside Québec, during the first 24 months of the 26 months preceding the application;

(2)  be accompanied by a document proving that the hours of work carried out outside Québec have previously been validated by a body having competence to do so and recognized for that purpose under the intergovernmental agreement;

(3)  be accompanied by an employment guarantee, duly validated by the employer, specifying the approximate duration of the work to be carried out in Québec.

The exemption issued by the Commission is valid for the duration of the work specified in the application and in respect of the employer who supports the application. Notwithstanding the foregoing, the exemption is of a duration of not more than 3 months and is restricted to the construction site to which the application applies.

O.C. 799-94, s. 9.

15.1.1. The Commission shall issue, on request, an exemption from the obligation to hold an apprentice competency certificate to any person 16 years of age or older who is domiciled in the territory of a state or province the government of which is, together with the Government of Québec, party to a bilateral intergovernmental agreement respecting the mutual recognition of qualifications, skills and occupations in trades and occupations in the construction industry.

To obtain such an exemption, the applicant must, however, hold an apprenticeship booklet issued in that state or province by a body having competence to do so and recognized for that purpose under the agreement, and the apprenticeship booklet must authorize him to carry on, in that state or province, a trade that, under the agreement, corresponds to a trade for which the exemption is being applied for; the applicant must also, in accordance with the provisions of the agreement, meet the requirements applicable to training in occupational health and safety.

The exemption issued by the Commission is valid for a term of 1 year.

Notwithstanding section 16, the Commission shall renew an expired exemption, issued under this section, where a monthly report filed with the Commission by a registered employer establishes that the holder worked in the construction industry during the 14 months preceding the renewal. It shall also renew such an exemption on request.

S.Q. 1995, c. 8, s. 55.

15.2. A person 16 years of age or older carrying on an occupation outside Québec may, upon application, be exempted by the Commission from the obligation to hold an occupation competency certificate where such exemption is the subject of an intergovernmental agreement to which the Gouvernement du Québec is a party.

That application must:

(1)  be supported by an employer who proves that the person has worked for him 750 hours or more within the scope of the carrying on of an occupation, within or outside Québec, during the first 24 months of the 26 months preceding the application;

(2)  be accompanied by an employment guarantee, duly validated by the employer, specifying the approximate duration of the work to be carried out in Québec.

The exemption issued by the Commission is valid for the duration of the work specified in the application and in respect of the employer who supports the application. Notwithstanding the foregoing, the exemption is of a duration of not more than 3 months and is restricted to the construction site to which the application applies.

O.C. 799-94, s. 9.

15.3. A person 16 years of age or older domiciled elsewhere in Canada may, upon application, be exempted by the Commission from the obligation to hold an occupation competency certificate for the carrying on of an occupation in one of the regions provided for in an intergovernmental agreement to which the Gouvernement du Québec is a party.

That person must specify the duration of the work and the region of the construction site concerned and prove, by means of supporting documents, that he has worked 750 hours or more within the scope of the carrying on of an occupation within or outside Québec.

The exemption issued by the Commission is valid for the duration of the work specified in the application. Notwithstanding the foregoing, the exemption is of a duration of not more than 3 months and is restricted to the construction site to which the application applies.

The number of exemptions issued by the Commission may not exceed the number provided for in the intergovernmental agreement.

O.C. 799-94, s. 9.

15.4. The Commission shall issue, on request, an exemption from the obligation to hold an occupation competency certificate to any person 16 years of age or older who is domiciled in the territory of a state or province the government of which is, together with the Government of Québec, party to a bilateral intergovernmental agreement respecting the mutual recognition of qualifications, skills and work experience in trades and occupations in the construction industry.

To obtain such an exemption, the applicant must, however, prove that he is working or has worked, in that state or province, in the carrying out of tasks corresponding to one or more occupations recognized in Québec as forming part of the construction industry; the applicant must also, in accordance with the provisions of the agreement, meet the requirements applicable to training in occupational health and safety.

The exemption issued by the Commission is valid for a term of 1 year.

Notwithstanding section 16, the Commission shall renew an expired exemption, issued under this section, where a monthly report filed with the Commission by a registered employer establishes that the holder worked in the construction industry during the 14 months preceding the renewal. It shall also renew such an exemption on request.

S.Q. 1995, c. 8, s. 56.

15.5. The Commission may, by way of exception, exempt a person from the obligation to hold a journeyman competency certificate, occupation competency certificate or apprentice competency certificate if the person proves that he has performed, during the 12 months preceding a new subjection, work covered by this new subjection for at least 300 hours.

The application for exemption mentioned in the first paragraph shall be submitted not later than 12 months after the new subjection.

When the work in question comes within the scope of a trade, the exemption pertains to a journeyman competency certificate or apprentice competency certificate, according to the number of hours the person has worked in that trade, taking into account the number of apprenticeship periods determined for that trade in Schedule B to the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8).

The exemption issued under this section is valid for a period of 12 months and for the work newly subjected. It mentions the region where the holder is domiciled or, if he is domiciled elsewhere in Canada, the region in which he wishes to benefit from an employment preference.

Notwithstanding section 16, the exemption issued under this section is renewed where, according to the monthly reports filed with the Commission by a registered employer, the holder has worked at least 150 hours during the time the exemption was valid.

For the purposes of this section, the expression “new subjection” means an amendment to a statute or regulatory instrument which extends the scope of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20), as well as a judicial or quasi-judicial decision which states that a certain type of work is subject to the Act.

O.C. 1451-96, s. 6.

15.6. The Commission may, upon the recommendation of the committee established under section 15.7, exempt a person from holding a journeyman competency certificate, an occupation competency certificate or an apprentice competency certificate in one of the following cases:

(1)  an employer proves that the production or restoration of an original work of research or expression, or its integration into the architecture or interior and exterior spaces of a building or civil engineering structure can only be adequately carried out with the help of that person; or

(2)  an employer proves that the work involving the use of old techniques can only be adequately carried out with the help of that person.

The exemption is valid for the duration of the work relating to the project referred to in the application and for the applicant employer.

O.C. 1476-2002, s. 1.

15.7. An Exemption Committee is hereby established for the purposes of examining applications made pursuant to section 15.6 and making recommendations thereon to the Commission.

The committee, chaired by the Director of the Direction de la qualification professionnelle of the Commission, shall consist of 12 members appointed as follows:

(1)  one member designated by the Fédération des travailleurs et travailleuses du Québec (FTQ-Construction) who shall have 1 voting right worth 2 votes;

(1.1)  one member designated by the Conseil provincial du Québec des métiers de la construction (International) who shall have 1 voting right worth 2 votes;

(2)  one member designated by the Confédération des syndicats nationaux (CSN-CONSTRUCTION) who shall have 1 voting right worth 1 vote;

(3)  one member designated by the Centrale des syndicats démocratiques (CSD-CONSTRUCTION) who shall have 1 voting right worth 1 vote;

(4)  one member designated by the Association de la construction du Québec (ACQ) who shall have 1 voting right worth 1.5 votes;

(5)  one member designated by the Association des constructeurs de routes et de grands travaux du Québec (ACRGTQ) who shall have 1 voting right worth 1.5 votes;

(6)  one member designated by the Association des entrepreneurs en construction du Québec (AECQ) who shall have 1 voting right worth 1.5 votes;

(7)  one member designated by the Association des professionnels de la construction et de l’habitation du Québec inc. (APCHQ) who shall have 1 voting right worth 1.5 votes;

(8)  one member designated by the Conseil des métiers d’art du Québec (CMAQ) who shall have 1 voting right worth 3 votes;

(9)  one member designated by the Regroupement des artistes en art visuel (RAAV) who shall have 1 voting right worth 3 votes;

(10)  one member designated by the restorers associations recognized by the Minister of Labour under subparagraph 13 of the first paragraph of section 19 of the Act, enacted by section 3 of chapter 79 of the Statutes of 2001, who shall have 1 voting right worth 3 votes; and

(11)  one member designated by Héritage Montréal who shall have 1 voting right worth 3 votes.

It shall also include 2 observer members appointed by the Minister of Labour and the Minister of Culture and Communications, who shall sit without voting rights. Members and observer members shall remain on the committee until they are replaced.

The chair shall convene the committee meetings the quorum of which shall be the chair, 2 members appointed under subparagraphs 1 to 3 of the second paragraph, 2 members appointed under subparagraphs 4 to 7 of the second paragraph and 2 members appointed under subparagraphs 8 to 11 of the same paragraph.

The committee shall decide by a majority of the votes cast and its decision shall be sent in writing to the employer not later than 4 juridical days after the date the meeting was convened. The chair has no voting rights, except if there is a tie vote; the chair shall decide not later than 2 juridical days after the date of the sitting.

O.C. 1476-2002, s. 1; S.Q. 2014, c. 18, s. 8.

16. An exemption cannot be renewed. However, a new application for exemption may be filed before the expiry of an exemption.

O.C. 673-87, s. 16.

17. The exemption is cancelled if the exempted person or his employer, if any, fails to comply with the conditions attached to it.

O.C. 673-87, s. 17.

DIVISION V MISCELLANEOUS PROVISIONS

18. The competency certificate issued by the Commission shall mention the region of residence of its holder or, where the holder is domiciled elsewhere in Canada, the region within which he wishes to benefit from preference of employment.

O.C. 673-87, s. 18; O.C. 799-94, s. 10.

19. Every journeyman competency certificate issued, renewed or replaced under this Regulation is proof of the qualifications acquired by its holder in the trade, specialty or skills to which it pertains.

O.C. 673-87, s. 19; O.C. 314-93, s. 5.

20. Every apprentice competency certificate issued, renewed or replaced under this Regulation is proof that its holder is an apprentice in the trade to which it pertains.

O.C. 673-87, s. 20; O.C. 314-93, s. 5.

21. Only the holder of an apprentice competency certificate issued, renewed or replaced under this Regulation may be admitted to or pursue apprenticeship in accordance with the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8) and, as the case may be, obtain a qualification certificate or attestation of experience in accordance with that Regulation.

O.C. 673-87, s. 21.

22. (Revoked).

O.C. 673-87, s. 22; O.C. 314-93, s. 6.

23. The holder of an apprentice competency certificate or an occupation competency certificate who files an application or in respect of whom an employer files an application for the issuance of a competency certificate in another category or trade must surrender his competency certificate to the Commission before the latter issues the certificate requested.

The first paragraph does not exempt this person from the requirements related to the issuance of apprentice competency certificates or occupation competency certificates provided for in sections 2, 2.1, 3, 3.1, 4 and 4.2 of this Regulation.

O.C. 673-87, s. 23; O.C. 1462-92, s. 1.

24. A workforce request accompanied with a guarantee of employment for at least 150 hours over a period not exceeding 3 months filed to support an application for the issuance of a competency certificate can be used for one application only.

O.C. 673-87, s. 24.

24.1. In this Regulation, the word “region” refers to the regions described in Schedule IV of the Regulation respecting the placement of employees in the construction industry (O.C. 1946-82, 82-08-25).

O.C. 1191-89, s. 9.

DIVISION V.1 EXIGIBLE FEES

O.C. 314-93, s. 7.

24.2. A fee of $100 shall be exigible for the issuance of a journeyman competency certificate, an apprentice competency certificate and apprenticeship booklet or an occupation competency certificate.

O.C. 314-93, s. 7.

24.3. No fee shall be exigible for the initial issuance of a journeyman competency certificate to a person referred to in paragraph 1 of section 5 of the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8), if the application for issuance of such certificate is filed not later than 1 year following the passing of the qualification examination or, if this application is filed in accordance with section 12 of this Regulation, following the date of the third attempt of the qualification examination.

O.C. 314-93, s. 7; O.C. 1327-95, s. 1.

24.4. No fee shall be exigible for the initial issuance of an occupation competency certificate after successfully completing the course on general knowledge of the industry approved by the Commission as long as the application for issuance of such a certificate is filed not later than 1 year following the date of successful completion of the course.

O.C. 314-93, s. 7.

24.5. A fee of $100 shall be exigible to register for a qualification examination referred to in section 1.1 or for a competency assessment examination referred to in section 12.

O.C. 314-93, s. 7; O.C. 150-98, s. 1.

24.6. A fee of $100 shall be exigible to register for a make-up qualification examination, unless between the time of his failing and the make-up examination the applicant successfully completed a training course pertaining to the trade in question, in which case the fee shall be $50.

O.C. 314-93, s. 7.

24.7. The fee exigible for the issuance of an exemption from the obligation to hold a journeyman competency certificate, an apprentice competency certificate or an occupation competency certificate shall be $100.

No fee shall be exigible for the renewal of an exemption, where this Regulation authorizes a renewal.

O.C. 314-93, s. 7; O.C. 799-94, s. 11; S.Q. 1995, c. 8, s. 57; O.C. 1451-96, s. 7.

24.8. A fee of $25 shall be exigible for the issuance of a duplicate competency certificate, apprenticeship booklet or exemption.

O.C. 314-93, s. 7.

24.9. No fee shall be exigible for the issuance of a competency certificate where the application is filed by the holder of an expired competency certificate, where the application is for a certificate of the same type as the expired one and where a monthly report sent to the Commission by an employer registered with it proves that its holder has worked in the construction industry during the 26-month period preceding the date of application.

O.C. 314-93, s. 7.

24.10. A fee of $100 shall be exigible for the renewal of a competency certificate not referred to in section 7 or 8 or for the renewal of an exemption referred to in section 15.1.1 or in section 15.4 where no monthly report is sent to the Commission by an employer registered with it proves that its holder has worked in the construction industry during the 26-month period preceding the date of renewal.

O.C. 314-93, s. 7; S.Q. 1995, c. 8, s. 58.

DIVISION VI TRANSITIONAL PROVISIONS

25. (Revoked).

O.C. 673-87, s. 25; O.C. 1817-88, s. 1; O.C. 1191-89, s. 10.

26. (Revoked).

O.C. 673-87, s. 26; O.C. 1191-89, s. 10.

27. (Omitted).

O.C. 673-87, s. 27.

27.1. (Obsolete).

O.C. 722-93, s. 1.

27.2. (Obsolete).

O.C. 1246-94, s. 6.

28. (Omitted).

O.C. 673-87, s. 28.

28.1. Notwithstanding sections 1.3, 1.4 and 9, no journeyman competency certificate may be cancelled or its issuance refused insofar as the assessment examination pertaining to the trade, specialty or, as the case may be, skills for which the certificate has been issued or requested is not available and that an opinion to this effect has not been handed down by the Commission.

O.C. 314-93, s. 8.

28.2. (Obsolete).

O.C. 1489-95, s. 7.

28.3. (Obsolete).

O.C. 1489-95, s. 7.

28.4. (Obsolete).

O.C. 1489-95, s. 7.

28.5. (Obsolete).

O.C. 937-97, s. 5.

28.6. (Obsolete).

O.C. 937-97, s. 5.

28.7. (Obsolete).

O.C. 937-97, s. 5.

28.8. (Obsolete).

O.C. 937-97, s. 5.

28.9. (Obsolete).

O.C. 937-97, s. 5.

28.10. (Obsolete).

O.C. 441-2002, s. 1.

28.11. (Obsolete).

O.C. 441-2002, s. 1.

28.12. (Obsolete).

O.C. 441-2002, s. 1.

28.13. The second paragraph of section 7 applies, with the necessary modifications, to the renewal of a certificate issued under section 28.10, except in the case of a first renewal, in respect of a trade that is not referred to in the second paragraph of that section, to any person who did not, at the time of issuance of the certificate, meet the admission requirements prescribed in the basic school regulations made under the Education Act (chapter I-13.3) for a program of study leading to a vocational training diploma pertaining to that trade; in the latter case, the holder of the certificate must demonstrate that he or she meets the admission requirements.

The first paragraph does not apply

(1)  in the case of an apprentice classified in the last period of apprenticeship and who has completed the number of hours required for that period;

(2)  in the case of a person who has not attended school on a full-time basis after 1 January 1987 and who does not meet the admission requirements prescribed in the basic school regulations made under the Education Act for a program of study leading to a vocational training diploma pertaining to the applicable trade.

O.C. 441-2002, s. 1.

28.14. (Obsolete).

O.C. 441-2002, s. 1.

28.15. An operator of concrete pumps equipped with a distribution mast who, between 1 May 2007 and 18 July 2013, was exempted from the obligation to hold a competency certificate pursuant to section 15.5, is not required to take the course “Utilisation sécuritaire des grues”.

O.C. 747-2013, s. 3.

28.16. No fee shall be exigible for the initial issuance of a journeyman competency certificate to an operator of concrete pumps equipped with a distribution mast who has obtained an exemption pursuant to section 33.8 of the Regulation respecting the vocational training of workforce in the construction industry (chapter R-20, r. 8), according to a monthly report filed with the Commission by a registered employer, the holder has worked in the construction industry during the 14 preceding months.

O.C. 747-2013, s. 3.

28.17. The Commission shall issue, on request and with no fee, a journeyman competency certificate as an ironworker to any person who

(1)  holds a journeyman competency certificate as a structural steel erector or ornamental iron worker and has accumulated prior to 18 July 2013 at least 30,000 hours of work in the trade of structural steel erector or ornamental iron worker;

(2)  holds a journeyman competency certificate as a structural steel erector and provides, not later than 18 July 2018, an attestation from the Ministère de l’Éducation, du Loisir et du Sport that he has successfully completed the vocational studies program “Montage structural et architectural” targeting the following competencies:

— Modifier et ajuster des éléments architecturaux;

— Installer des recouvrements ornementaux;

— Installer des escaliers;

— Installer des articles de protection et de défense;

(3)  holds a journeyman competency certificate as an ornamental iron worker and provides, not later than 18 July 2018, an attestation from the ministère de l’Éducation, du Loisir et du Sport that he has successfully completed the vocational studies program “Montage structural et architectural” targeting the following competencies:

— Préparer l’érection d’une structure;

— Ériger une structure;

— Mettre d’aplomb et boulonner une structure;

— Installer et démonter des poutrelles et un pontage;

— Démonter une structure; or

(4)  holds a journeyman competency certificate as a structural steel erector or ornamental iron worker and passes, not later than 18 July 2018, the qualification examination for the trade of ironworker.

O.C. 747-2013, s. 3.

28.18. On 18 July 2018, the Commission shall issue automatically, with no fee, an apprentice competency certificate as an ironworker to replace any journeyman competency certificate as a structural steel erector or ornamental iron worker that has become obsolete.

O.C. 747-2013, s. 3.

28.19. On 18 July 2013, the Commission shall issue automatically, with no fee, an apprentice competency certificate as an ironworker to any person who, on 17 July 2013, holds an apprentice competency certificate as a structural steel erector or ornamental iron worker. The certificate shall cease to be valid not later than 12 months following the date of issuance of the certificate it replaces.

O.C. 747-2013, s. 3.

29. (Omitted).

O.C. 673-87, s. 29.

REFERENCES

O.C. 673-87, 1987 G.O. 2, 1471

O.C. 1817-88, 1988 G.O. 2, 4017

O.C. 1191-89, 1989 G.O. 2, 2782

O.C. 992-92, 1992 G.O. 2, 3252

O.C. 1462-92, 1992 G.O. 2, 4667

O.C. 314-93, 1993 G.O. 2, 1845

O.C. 722-93, 1993 G.O. 2, 2820

O.C. 1112-93, 1993 G.O. 2, 4845

O.C. 799-94, 1994 G.O. 2, 2079

O.C. 1246-94, 1994 G.O. 2, 3829

S.Q. 1995, c. 8, ss. 55 to 58

O.C. 1327-95, 1995 G.O. 2, 2993

O.C. 1489-95, 1995 G.O. 2, 3208

O.C. 1451-96, 1996 G.O. 2, 4853

O.C. 937-97, 1997 G.O. 2, 3697

O.C. 1398-97, 1997 G.O. 2, 5327

O.C. 150-98, 1998 G.O. 2, 1139

O.C. 441-2002, 2002 G.O. 2, 2207

O.C. 1476-2002, 2002 G.O. 2, 6606

O.C. 96-2004, 2004 G.O. 2, 1014

S.Q. 2007, c. 3, s. 72

S.Q. 2009, c. 43, s. 14

O.C. 856-2012, 2012 G.O. 2, 2616

O.C. 747-2013, 2013 G.O. 2, 1873

O.C. 523-2014, 2014 G.O. 2, 1199

S.Q. 2014, c. 18, s. 8