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Décisions des tribunaux
m-3, r. 1
- Regulation respecting admission as members of the Corporation of Master Electricians of Québec
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août 2020
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chapter
M-3, r. 1
Regulation respecting admission as members of the Corporation of Master Electricians of Québec
MASTER ELECTRICIANS — ADMISSION
Master Electricians Act
(chapter M-3, s. 12)
.
M-3
08
August
01
1
2015
The assessment and dues prescribed in the Regulation have been indexed as of 1 August 2020 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 15 February 2020, page 172. (ss. 5, 6)
DIVISION
I
ADMISSION
1
.
An application for admission to the Corporation of Master Electricians of Québec is not deemed to be received unless it contains all the required information and documents and is accompanied by the payment of the annual assessment and entrance dues payable to the Corporation.
O.C. 64-2008, s. 1
.
2
.
An application for the admission of a partnership or legal person must be made on its behalf by a technical guarantor.
A technical guarantor is a natural person who has shown that, following examinations under the Regulation respecting the professional qualification of contractors and owner-builders (chapter B-1.1, r. 9), he or she has the knowledge required for the management of electrical installation work.
O.C. 64-2008, s. 2
.
3
.
A person applying for admission must provide the Corporation with the following information and documents:
(
1
)
the person’s name and address and the telephone number of the person’s principal establishment;
(
2
)
an undertaking to meet the conditions listed in section 4 regarding the person’s principal establishment and any vehicle used by the person;
(
3
)
a statement by the technical guarantor regarding the person’s representative; and
(
4
)
an undertaking to answer for acts and omissions in a case of a change in legal status.
O.C. 64-2008, s. 3
.
4
.
A person applying for admission to the Corporation must undertake in the application to meet the following conditions on or before the 30th day following the issue of the person’s electrical contractor’s licence:
(
1
)
maintain an office at its principal establishment that is at least 15 m
2
laid out exclusively for the purpose of carrying on the business of electrical contractor;
(
2
)
be listed in the municipal telephone book with the address of its principal establishment, in reference to the business of electrical contractor;
(
3
)
post a sign at least 23 cm x 46 cm in size in public view at its principal establishment, bearing the person’s name, the nature of the activities carried on and the Corporation logo at least 15 cm x 15 cm in size; the person may be wholly or partially exempted from that obligation if the Corporation is provided with a certified true copy of a municipal by-law prohibiting such a sign; and
(
4
)
permanently display the name of the holder of the electrical contractor’s licence and the Corporation logo on the sides of every vehicle used or allowed to be used by the person to travel between construction sites and to transport material and equipment; the name must be at least 23 cm x 46 cm in size and the logo at least 15 cm x 15 cm.
O.C. 64-2008, s. 4
.
5
.
The annual assessment payable to the Corporation is
$787.80
. It is adjusted on 1 August each year based on the percentage change in the general Consumer Price Index for Montréal, as determined by Statistics Canada, for the 12-month period ending on 31 December of the preceding year.
The amount of the adjusted assessment is rounded up or down to the nearest hundredth of a dollar.
The Corporation informs the public of the adjustment under this section in Part 1 of the
Gazette officielle du Québec
and, if the Corporation considers it appropriate, gives notice by any other means.
O.C. 64-2008, s. 5
.
6
.
The Corporation’s entrance dues are
$124.34
. They are adjusted on 1 August each year based on the percentage change in the general Consumer Price Index for Montréal, as determined by Statistics Canada, for the 12-month period ending on 31 December of the preceding year.
The amount of the adjusted dues is rounded up or down to the nearest hundredth of a dollar.
The Corporation informs the public of the adjustment under this section in Part 1 of the
Gazette officielle du Québec
and, if the Corporation considers it appropriate, gives notice by any other means.
O.C. 64-2008, s. 6
.
7
.
The annual assessment of the Corporation is payable on application for the issue or renewal of an electrical contractor’s licence.
Failure to pay the assessment on the due date entails the striking off of the name of the electrical contractor’s licence holder from the list of members of the Corporation.
O.C. 64-2008, s. 7
.
8
.
The Corporation sends the notice of assessment to the principal establishment of each of its members.
O.C. 64-2008, s. 8
.
9
.
A member who changes legal status must pay entrance dues to the Corporation. The assessment paid before the change is valid as the new member’s assessment until the date on which the annual assessment becomes payable.
O.C. 64-2008, s. 9
.
10
.
The Corporation may publish the name of a person who is no longer a member.
O.C. 64-2008, s. 10
.
11
.
A person who ceases or abandons activities as an electrical contractor or whose licence as such is suspended or cancelled is not entitled to any refund of the assessment paid to the Corporation.
If an electrical contractor’s licence is abandoned, suspended, cancelled or not renewed, the name of the licence holder is struck from the list of members of the Corporation.
O.C. 64-2008, s. 11
.
DIVISION
II
CERTIFICATE AND MEMBERSHIP CARD
12
.
The Corporation issues a certificate and a membership card to every new member and to every member renewing a licence.
The documents remain the property of the Corporation.
O.C. 64-2008, s. 12
.
13
.
The membership card contains the following information:
(
1
)
the name of the holder of the electrical contractor’s licence;
(
2
)
the expiry date of the membership card;
(
3
)
the name of the enterprise’s representative; and
(
4
)
an indication that the membership card is no longer valid if the electrical contractor’s licence is suspended or has been cancelled or expired.
A representative is a technical guarantor, a partner or an officer of an enterprise who is a member of the Corporation and who is designated as a representative for the enterprise in accordance with sections 79 and 80 of the Regulation respecting the internal management of the Corporation of Master Electricians of Québec (chapter M-3, r. 4).
O.C. 64-2008, s. 13
.
14
.
The certificate and membership card are mailed by the Corporation to the member’s principal establishment.
O.C. 64-2008, s. 14
.
15
.
The certificate and membership card cease to be valid if the electrical contractor’s licence is suspended, cancelled or expired; in such a case, they must be returned to the Corporation within 10 days of a written request from the Corporation to that effect.
O.C. 64-2008, s. 15
.
DIVISION
III
RIGHTS AND DUTIES OF MEMBERS
16
.
A member has the rights granted by the Act and the regulations of the Corporation, in particular the right
(
1
)
to receive calls to meetings and to attend the meetings of the Corporation and those of the members of the section;
(
2
)
to take part in the discussions at a meeting of the Corporation;
(
3
)
to take part in the discussions and to vote, if applicable, at a meeting of the members of the section;
(
4
)
to elect the members of the executive committee of the Corporation and the administrators of the section;
(
5
)
to be a candidate for a position of director on the executive committee of the Corporation or the section, in accordance with the eligibility criteria defined in the Regulation respecting the internal management of the Corporation of Master Electricians of Québec (chapter M-3, r. 4); and
(
6
)
to consult the books of the Corporation and the minutes of the general meetings of the members of the Corporation during the Corporation’s business hours.
The correspondence and records of the Corporation and the minutes of council and committee sittings are confidential and may be consulted only by members of the council and of the respective committees.
A section is an administrative division of the Corporation established by the Regulation respecting the sections of the Corporation of Master Electricians of Québec (chapter M-3, r. 5).
O.C. 64-2008, s. 16
.
17
.
A member must comply with the obligations imposed by the Act and the regulations of the Corporation and in particular,
(
1
)
pay the assessment and dues due to the Corporation;
(
2
)
answer in writing without delay to any correspondence from the various committees of the Corporation, an investigator, the executive vice-president or any person designated by the latter for the purposes of the Act and the regulations of the Corporation;
(
3
)
inform the Corporation of any change in the member’s enterprise affecting the information or documents sent to the Corporation in accordance with this Regulation, within 30 days of the change;
(
4
)
give notice in writing to the Corporation of the intention to terminate or abandon activities as an electrical contractor and inform the Corporation of the date of the termination or abandonment; and
(
5
)
provide identification and identify any document used or published by the member on behalf of the licence holder indicated on the member’s electrical contractor’s licence.
O.C. 64-2008, s. 17
.
DIVISION
IV
HONORARY MEMBERS
18
.
A section or the executive committee may recommend the appointment of an honorary member. After study, the council may, by resolution, decide to issue an honorary member’s certificate to a natural person who
(
1
)
was a master electrician and technical guarantor of an electrical contractor’s licence for at least 10 years;
(
2
)
is no longer involved in the carrying on of an electrical contractor business; and
(
3
)
has distinguished himself or herself through exceptional services rendered to the Corporation within a section or on a province-wide basis.
O.C. 64-2008, s. 18
.
19
.
An honorary member’s certificate is irrevocable. It only entitles its holder
(
1
)
to receive calls to meetings and other correspondence pertaining to the meetings of the Corporation and the meetings of the members in the section in which the honorary member resides;
(
2
)
to attend the meetings of the Corporation and the meetings of the members in the section in which the honorary member resides, without voting rights; and
(
3
)
to receive certain of the Corporation’s publications.
O.C. 64-2008, s. 19
.
DIVISION
V
TRANSITIONAL AND FINAL
20
.
During the 12 months following 28 February 2008, the annual assessment payable under the first paragraph of section 7 on the renewal of an electrical contractor’s licence is established in proportion to the number of months elapsed since 1 August preceding the licence renewal date.
O.C. 64-2008, s. 20
.
21
.
This Regulation replaces sections 3 to 3.5, 5 to 9, 12, 13, 159 to 168, 171 and 172 of the Regulation of the Corporation of Master Electricians of Québec (Decision 83-03-10).
O.C. 64-2008, s. 21
.
22
.
(Omitted).
O.C. 64-2008, s. 22
.
REFERENCES
O.C. 64-2008, 2008 G.O. 2, 627
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