r-20, r. 8.01 - Regulation respecting letters describing the situation

À jour au 7 janvier 2016

Ce document a valeur officielle.

chapter R-20, r. 8.01

Regulation respecting letters describing the situation

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

(chapter R-20, s. 82, par. i).

1. This Regulation determines the conditions to be met and the fee exigible for the issue of a letter describing the situation and the information that may be contained in the letter.

O.C. 1051-2015, s. 1.

2. The Commission de la construction du Québec issues the following letters describing the situation to an employer who applies for a letter and who meets the requirements of this Regulation:

(1)  a letter on construction work carried out on a job site and describing the situation of an employer and the employer’s sub-contractors to whom the employer subcontracted work, with respect to the construction activities on the job site and the obligations provided for in the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20) and in this Regulation;

(2)  a letter for the purposes of a tender which describes the situation of an employer who wishes to tender, with respect to the employer’s activities on the construction site and the employer’s obligations provided for in the Act and in this Regulation.

O.C. 1051-2015, s. 2.

3. To be issued a letter describing the situation, an employer must be registered as such with the Commission, in accordance with the conditions provided for in the Regulation respecting the register, monthly report, notices from employers and the designation of a representative (chapter R-20, r. 11).

O.C. 1051-2015, s. 3.

4. To apply for a letter describing the situation, an employer must use the online services of the Commission by completing the prescribed form and provide the information required.

O.C. 1051-2015, s. 4.

5. A fee of $30 is exigible for the issue of a letter describing the situation, payable by using the online services of the Commission.

The date of filing an application is the date on which the application is received by the online services of the Commission.

O.C. 1051-2015, s. 5.

6. The Commission issues a letter describing the situation on the basis of the information brought to the attention of the Commission and the information sent by an employer at the time the application is filed.

O.C. 1051-2015, s. 6.

7. A letter describing the situation contains, as the case may be,

(1)  the identification of the job site, the nature and duration of the work, the name of the recognized client, the value of the contract before provincial and federal taxes, the employer’s workforce assigned to the work with regards to the number of employees and the cost, and the name of the employer’s sub-contractors;

(2)  the statement of the monthly reports sent by the employer for a 12-month period preceding the date of filing an application for a letter for the purposes of a tender and, for an application for a letter on construction work carried out on a job site

i.  the statement of the monthly reports sent by the employer for the duration of the work, without exceed-ing 12 months and

ii.  the information concerning the monthly reports not sent by the sub-contractor and the reports sent by the sub-contractor without the corresponding delivery, for the duration of the work, without exceeding 12 months;

(3)  any unpaid claim to the Commission by the employer, and the claim sent within the 24 months preceding the date of filing an application with a mention of the balance for a letter for the purposes of a tender. In the case of an application for a letter on construction work carried out on a job site, the letter mentions any unpaid claim sent to the employer and the employer’s sub-contractors for a period of the construction work carried out on the job site;

(4)  any disagreement notified in writing by the employer to the Commission regarding the subjection of the work to the scope of the Act or relating to the interpretation of a clause of the collective agreement after a claim is sent;

(5)  any amount held to guarantee payment of a claim by the employer or one of the sub-contractors;

(6)  any order to suspend work rendered in respect of the employer or one of the sub-contractors under section 7.4 of the Act and any contravention to such order, if either occurs within the 24 months preceding the date of filing an application for a letter for the purposes of a tender and relating to the construction work on the job site identified in the application and, where applicable, if the order has been the subject of an application for review pursuant to section 7.7 of the Act;

(7)  for a letter on construction work on a job site, that the employer or one of the sub-contractors, including one of their directors, shareholders, officers, partners or employees, while acting as such for the employer or sub-contractor, has been convicted of an offence provided for in Schedule I committed during the work and, for a letter for the purposes of a tender, that the employer, including one of the employer’s directors, shareholders, officers, partners or employees, while acting as such for the employer, has been convicted of an offence provided for in Schedule I committed within the 24 months preceding the date of filing an application;

(8)  that at the time of the work, the employer and the employer’s sub-contractors have not sent the notice provided for in the Regulation respecting the register, monthly report, notices from employers and the designation of a representative (chapter R-20, r. 11);

(9)  the holding by the employer of a licence issued under the Building Act (chapter B-1.1) and for the letter on the construction work carried out on a job site, by also indicating in the letter for each sub-contractor the periods in which they did not have a licence during the work;

(10)  that the licence of the employer is subject to a restriction as regards the obtention of a public contract under section 65.1 of the Building Act.

The information in subparagraphs 2 to 10 applies to the time the letter describing the situation for the purposes of a tender is applied for and, for the letter on construction work carried out on a job site, to the work period.

O.C. 1051-2015, s. 7.

8. A letter describing the situation issued by the Commission does not constitute a renunciation to the exercise of any of the recourses provided for in the Act.

O.C. 1051-2015, s. 8.

9. This Regulation applies to applications for letters describing the situation that are ongoing on the date of the coming into force of the Regulation (2016-01-07).

O.C. 1051-2015, s. 9.

10. (Omitted).

O.C. 1051-2015, s. 10.

SCHEDULE I

(section 7, par. 7)

OFFENCES

Law and regulation            Sections        Summary description of the offence

An Act respecting labour      7.2 with 120    A person involved in any construction 
relations, vocational                         work who does not take the necessary 
training and workforce                        means to enable the Commission
management in the                             and any person authorized by it for 
construction industry                         that purpose to exercise the powers 
(chapter R-20)                                provided for in section 7.1 of 
                                              the Act.

                              83(1)           An employer who refuses or neglects 
                                              to furnish the Commission with the 
                                              information provided for in 
                                              subparagraph a of the first paragraph 
                                              of section 82 of the Act.

                              83(2)           An employer who fails to grant, on 
                                              request of the Commission, or delays 
                                              to grant the Commission, access to the
                                              register, the registration system or 
                                              the pay-list provided for in 
                                              subparagraph a of the first paragraph 
                                              of section 82 of the Act.

                              83(3)           A 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.

                              83.1            An employer who fails to comply with 
                                              a request made by the Commission 
                                              pursuant to subparagraph f of the 
                                              first paragraph of section 81 of 
                                              the Act.

                              83.2            A person who fails to comply, within 
                                              the prescribed period, with a written 
                                              request made by the Commission 
                                              pursuant to section 81.0.1 of the Act.
                                              A person who fails to comply with a 
                                              request made by the Commission to 
                                              furnish information or a document 
                                              pursuant to section 81.0.1 of the Act.

                              84              Whoever molests, hinders or insults 
                                              any member or employee of the 
                                              Commission in the performance of his 
                                              duties, or otherwise obstructs such 
                                              performance.

                              111.1           Whoever carries out or causes to be 
                                              carried out construction work in 
                                              contravention of a decision to suspend 
                                              work rendered under section 7.4.1 of 
                                              the Act.

                              119.1(3)        Whoever hires the services of or 
                                              assigns to construction work an 
                                              employee who is not the holder of a 
                                              competency certificate.

                              122 (4)         Whoever knowingly destroys, alters or 
                                              falsifies any register, pay-list, 
                                              registration system or document 
                                              relating to the application of the 
                                              Act, a regulation or a collective 
                                              agreement.

Regulation respecting         2 with 82       An employer who fails to send the 
the register, monthly         and 119.7       written notice provided for in 
report, notices from          of the Act      section 2 of the Regulation.
employers and the 
designation of a 
representative 
(chapter R-20, r. 11)

                              8 with 82       An employer who fails to keep a 
                              and 120         register or enter the number of hours 
                              of the Act      worked in accordance with 
                                              section 8 of the Regulation.

                              11 with 82      An employer who fails to enter the 
                              and 119.7       number of regular and extra hours of 
                              of the Act      an employee in the monthly report.

                              12 with 82      An employer who fails to send the 
                              and 119.7       monthly report provided for in 
                              of the Act      section 12 of the Regulation.

O.C. 1051-2015, Sch. I.

REFERENCES

O.C. 1051-2015, 2015 G.O. 2, 3243