r-20, r. 8 - Regulation respecting the vocational training of the workforce in the construction industry

À jour au 28 décembre 2017

Ce document a valeur officielle.

chapter R-20, r. 8

Regulation respecting the vocational training of the workforce in the construction industry

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

(chapter R-20, s. 123.1).

DIVISION I INTERPRETATION

1. In this Regulation:

“apprentice” means a person who holds an apprentice competency certificate issued by the Commission de la construction du Québec; (apprenti)

“attestation of experience” means an attestation of experience issued under the Regulation respecting vocational training and qualification of manpower in the construction industry (R.R.Q., 1981, c. F-5, r. 3); (attestation d’expérience)

“apprenticeship booklet” means a document issued by the Commission attesting to the apprenticeship period of an apprentice; (carnet d’apprentissage)

“qualification certificate” means a qualification certificate issued under the Regulation respecting the vocational training and qualification of manpower in the construction industry; (certificat de qualification)

“construction site” means all the works performed by an employer on one project; (chantier de construction)

“journeyman” means the holder of a journeyman competency certificate; (compagnon)

“trade” means any of the trades defined in Schedule A; (métier)

“specialty” means a part of a trade defined in Schedule A. (spécialité)

O.C. 313-93, s. 1.

DIVISION II SCOPE

2. This Regulation governs the practice of the trades defined in Schedule A within the scope of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20), as amended, and any regulation or decree thereunder.

O.C. 313-93, s. 2.

3. This Regulation does not apply to:

(1)  construction work on electric power transmission and distribution lines, transformer stations and telephone system circuits above ground;

(2)  intercom system installation work.

O.C. 313-93, s. 3.

DIVISION III PRACTICE OF TRADES

4. The tasks that may be performed by a journeyman in the practice of his trade are those included in the definition of Schedule A which apply to that trade.

Where the journeyman competency certificate indicates the specialty of the certificate holder, the practice of the trade is restricted to the tasks that fall within the scope of that specialty.

Where the journeyman competency certificate is restricted to a part of the activities of a trade mentioned in Schedule C or D , the practice of the trade is restricted to that part of the activities.

O.C. 313-93, s. 4; O.C. 705-2016, s. 1.

DIVISION IV VALIDATION OF QUALIFICATION

5. (Replaced).

O.C. 313-93, s. 5; S.Q. 1993, c. 61, s. 74; O.C. 1489-95, s. 1; O.C. 855-2012, s. 1; O.C. 746-2013, s. 1; O.C. 1164-2017, s. 1.

5.1. An apprentice who has completed an apprenticeship in accordance with this Regulation, taking into account the applicable training credits and the hours of apprenticeship in the trade that are recognized for the apprentice under section 15, is eligible for the qualification examination for a trade.

O.C. 1164-2017, s. 1.

5.2. An apprentice who has acquired experience in the trade that includes a specialty, in hours worked as an apprentice in the specialty and any applicable training credits, at least equal to the hours of apprenticeship to be completed, established according to the number of apprenticeship periods provided for that trade in Schedule B, is eligible for the qualification examination for the specialty.

O.C. 1164-2017, s. 1.

5.3. The following are eligible for the qualification examination for a specialty:

(1)  for the specialty of security systems installer, an apprentice electrician who has completed 3 periods of apprenticeship related only to work pertaining to the specialty;

(2)  for the specialty of operator of concrete pumps equipped with a distribution mast, an apprentice crane operator who has completed a period of apprenticeship related only to work pertaining to the specialty;

(3)  for the specialty of deep foundation installer, concrete former or flooring-layer-sander, an apprentice carpenter-joiner who has completed 2 periods of apprenticeship related only to work pertaining to the specialty concerned.

O.C. 1164-2017, s. 1.

5.4. An apprentice crane operator who has completed a period of apprenticeship related only to work pertaining to the specialty of operator of concrete pumps equipped with a distribution mast, as well as the holder of a journeyman competency certificate corresponding to the specialty of operator of concrete pumps equipped with a distribution mast, are eligible for the qualification examination prescribed for crane operators, if they have accumulated at least 2,000 hours of apprenticeship for the trade of crane operator excluding the hours worked in the speciality of operator of concrete pumps equipped with a distribution mast.

O.C. 1164-2017, s. 1.

5.5. An apprentice carpenter-joiner who has completed 2 periods of apprenticeship related only to work pertaining to one of the specialties of deep foundation installer, concrete former or flooring-layer-sander as well as the holder of a journeyman competency certificate in one of those specialties, are eligible for the qualification examination prescribed for carpenter-joiners, if they have accumulated at least 2,000 hours of apprenticeship for the trade of carpenter-joiner excluding the hours worked in their specialty.

O.C. 1164-2017, s. 1.

5.6. The hours of work taken into account as apprenticeship for an apprentice or a journeyman for eligibility for the qualification examination prescribed by sections 5.1 to 5.5 correspond to the hours worked as apprentice or journeyman in the trade and specialty or, as the case may be, in the trade or specialty, reported in accordance with the Regulation respecting the register, monthly report, notices from employers and the designation of a representative (chapter R-20, r. 11).

O.C. 1164-2017, s. 1.

5.7. A person is also eligible for the qualification examination for a trade or specialty prescribed by sections 5.1 to 5.5 where the person

(1)  is at least 16 years of age;

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

(3)  has acquired experience, in hours worked and paid in the trade or specialty, or, as the case may be, in the trade or specialty carried out outside the scope of the Act and any applicable training credits, at least equal to the hours of apprenticeship to be completed, established in accordance with the conditions provided for in those sections.

O.C. 1164-2017, s. 1.

6. A person who is eligible to sit for the qualification examination shall register for that purpose with the Commission and shall pay the fees fixed by the Regulation respecting the issuance of competency certificates (chapter R-20, r. 5).

O.C. 313-93, s. 6.

7. The qualification examination shall pertain to the trade or specialty, as the case may be.

O.C. 313-93, s. 7.

8. At the candidate’s request, the Commission shall communicate to him in writing the results of his qualification examination, indicating whether he passed or failed and, where applicable, the results of each of the modules of the examination.

O.C. 313-93, s. 8.

9. Where an apprentice fails a qualification examination, he shall be entitled to a supplemental examination on a date fixed by the Commission. In such a case, his apprenticeship shall be extended accordingly; a second failure on the supplemental examination shall entail, depending on results, an extension of the number of working hours in the candidate’s apprenticeship, the obligation for him to take a vocational training course or vocational reorientation. The apprentice may sit for another supplemental examination only if he fulfils the conditions imposed.

Any other person shall be entitled to sit for his first supplemental examination upon the expiry of 3 months following failure on the initial examination. That period shall be 6 months for any subsequent supplemental examination.

O.C. 313-93, s. 9.

10. Fraud in any form whatsoever shall entail a failure on the examination.

O.C. 313-93, s. 10.

11. The following persons are exempted from the qualification examination in their trade or specialty:

(1)  holders of a Red Seal qualification certificate, obtained in issued in accordance with the provisions of the Interprovincial Standards Red Seal Program;

(2)  holders of an official authorization to carry on a trade or specialty issued outside Québec and recognized under an intergovernmental agreement as giving entitlement to a qualification certificate for that trade or specialty.

O.C. 313-93, s. 11; O.C. 799-94, s. 12; O.C. 855-2012, s. 2.

12. Any person who is unable, after 3 attempts, to pass the qualification examination may, where applicable, apply to the Commission for a journeyman competency certificate restricted to a part of the activities of a trade mentioned in Schedule C.

The person shall have passed the module of the examination corresponding to that part of the activities of the trade for which he is soliciting a competency certificate and shall prove to the Commission that he has practised that part of the activities for a number of hours equivalent to the term prescribed by regulation for apprenticeship in the overall trade.

O.C. 313-93, s. 12.

DIVISION V APPRENTICESHIP

13. Apprenticeship is obligatory for each trade. The apprenticeship shall pertain to the overall trade.

The term of apprenticeship in a trade shall be equal to the number of periods prescribed in Schedule B. Each period equals 2,000 hours of apprenticeship.

O.C. 313-93, s. 13.

14. A candidate shall be admitted to apprenticeship in one trade at a time.

O.C. 313-93, s. 14.

15. An apprentice is classified in the apprenticeship of his trade according to

(1)  the vocational training courses successfully completed and relevant to the trade;

(2)  the hours worked as apprentice in the trade and reported in accordance with the Regulation respecting the register, monthly report, notices from employers and the designation of a representative (chapter R-20, r. 11);

(3)  the hours worked and paid in the trade carried out outside the scope of the Act. The hours combined with the courses referred to in paragraph 1 may not represent more than 70% of the total duration of the apprenticeship;

(4)  the hours of apprenticeship in the trade carried out under another apprenticeship program recognized in Canada in which the person concerned is registered.

O.C. 313-93, s. 15; O.C. 1164-2017, s. 2.

16. An apprentice who has completed the number of periods prescribed in Schedule B is required to register for the qualification examination no later than 1 month following the termination of apprenticeship. Where the apprentice does not register for the examination, he shall provide a valid reason within the same period of time, otherwise his apprentice competency certificate and apprenticeship booklet shall be suspended.

Such suspension shall be waived as soon as the apprentice registers for the examination.

O.C. 313-93, s. 16.

17. The Commission shall list in the apprenticeship booklet the hours of practice and the vocational training credits referred to in section 15.

O.C. 313-93, s. 17.

18. An apprentice may not perform, nor may an employer cause him to perform, tasks other than those involved in the practice of the trade in which he was accepted as an apprentice.

An employer may cause an apprentice to perform tasks only under the immediate supervision of a journeyman.

The holder of a journeyman competency certificate corresponding to an activity listed in Schedule C or D may not exercise the immediate supervision of an apprentice in the trade of which that activity is a part.

O.C. 313-93, s. 18; O.C. 705-2016, s. 2; O.C. 995-2016, s. 1.

19. The ratio of apprentices to journeymen in the same trade employed by an employer shall not exceed the ratio indicated in Schedule B. The employer may hire one additional apprentice when he has in his employ one journeyman in the same trade in excess of the number indicated in that Schedule or any multiple thereof.

Notwithstanding the first paragraph, the ratio of apprentices to journeymen in the same trade employed by an employer may, in the residential sector, exceed the ratio indicated in Schedule B and reach the ratio of one apprentice per journeyman.

Notwithstanding the first paragraph, the ratio of apprentice electricians to journeymen in the same trade who perform work pertaining to the specialty of security systems installer may exceed the ratio indicated in Schedule B and reach the ratio of one apprentice electrician per journeyman.

O.C. 313-93, s. 19; S.Q. 1995, c. 8, s. 54; O.C. 1489-95, s. 2.

20. On a construction site, any employer using the services of apprentices shall use at least as many journeymen.

On a construction site, an employer may use the services of one more apprentice per journeyman than the ratio provided for in the first paragraph for each woman apprentice used, up to a maximum of 20 additional apprentices.

The apprentices and journeymen used by the employer under section 18 and this section are employees and are in the same trade. If the tasks performed by the apprentices form a part of the practice of more than one trade, the journeymen may be in each of those trades.

Women apprentices are not taken into account for the purposes of calculating the ration provided for in sections 19 and 22.

O.C. 313-93, s. 20; O.C. 995-2016, s. 2.

21. An employer who employs only one journeyman, or is himself the only journeyman on his construction site, or whose designated representative under section 19.1 of the Act is the only journeyman on his construction site, shall be entitled to one apprentice in the same trade.

O.C. 313-93, s. 21.

22. The number of apprentices in their last period of apprenticeship shall not be less than 25% of all the apprentices in the same trade employed by an employer. That percentage is based on 4 apprentices and, subsequently, on multiples thereof.

Where there is a shortage of apprentices in their last period, the employer shall use the services of apprentices in the preceding period in the same proportion.

For the purposes of the first paragraph, an apprentice electrician in his third period of apprenticeship is deemed to be in his last period of apprenticeship when he performs work pertaining to the specialty of security systems installer.

O.C. 313-93, s. 22; O.C. 1489-95, s. 3.

23. An employer shall grant to an apprentice who so requests a leave of absence for studies in order to take prescribed courses in his trade.

O.C. 313-93, s. 23.

24. An employer shall re-integrate into his service an apprentice to whom he granted a leave of absence for studies as soon as the courses are terminated.

O.C. 313-93, s. 24.

25. Apprentice wage rates in relation to journeyman wage rates are as follows:

Total Duration Period

1st 2nd 3rd 4th 5th

5 periods 50% 60% 70% 85% 85%

4 periods 50% 60% 70% 85% —

3 periods 60% 70% 85% — —

2 periods 70% 85% — — —

1 period 85% — — — —

The wage rates for an apprentice electrician who performs work pertaining to the specialty of security systems installer, in comparison with the wages rates for a journeyman performing the same work, shall correspond to the percentages prescribed for a trade for which 3 periods of apprenticeship are required.

O.C. 313-93, s. 25; O.C. 1489-95, s. 4.

26. The Minister of Labour may, for the purposes of section 85.2 of the Act, obtain from the Commission, which shall provide them to him in accordance with the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), any information, documents and analyses that it possesses concerning the workforce and employment in the construction industry and any such information, documents and analyses that are pertinent to the application of this Regulation.

O.C. 313-93, s. 26.

DIVISION VI RIGHT OF APPEAL

27. Any person who feels that he has been wronged by a decision made by the Commission in the application of this Regulation may file an appeal in writing before the Administrative Labour Tribunal, whose decision is final.

O.C. 313-93, s. 27.

DIVISION VII TRANSITIONAL AND FINAL

28. This Regulation replaces the Regulation respecting the vocational training and qualification of manpower in the construction industry (R.R.Q., 1981, c. F-5, r. 3).

O.C. 313-93, s. 28.

29. A qualification certificate and an attestation of experience issued under the replaced Regulation shall remain valid notwithstanding the expiry date indicated in those documents.

O.C. 313-93, s. 29.

30. The Commission shall register in the apprenticeship booklet that it issues to an apprentice the hours registered in the apprenticeship booklet issued to that apprentice by the Ministère de la Main-d’oeuvre, de la Sécurité du revenu et de la Formation professionnelle and which were validated before 1 April 1993, the vocational credits acquired by the apprentice and the hours of practice served before that date, which are validated by the Commission in accordance with the provisions of the replaced Regulation.

O.C. 313-93, s. 30.

31. (Obsolete).

O.C. 313-93, s. 31.

32. Any person who, before 30 April 1976, held a qualification certificate or an attestation of experience issued by a body empowered to do so under the statutes of Québec and could have been exempted from the qualification examination under section 11 of the replaced Regulation shall retain until 31 December 1994 to right to be exempted from that examination and may obtain the issuance of a journeyman competency certificate in accordance with the provisions of section 1.2 of the Regulation respecting the issuance of competency certificates (chapter R-20, r. 5).

Subject to the first paragraph of section 1.4 of the Regulation respecting the issuance of competency certificates, any person who has exercised the right provided for in the first paragraph may invoke the same exemption for any subsequent application for the issuance of a journeyman competency certificate.

O.C. 313-93, s. 32.

33. Any person referred to in section 11.1 of the replaced Regulation who could have been exempted from the qualification examination under that section shall retain until 31 December 1994 the right to obtain a certificate of qualification in one of the trades referred to in that section and the right to be exempted from the qualification examination to obtain the issuance of a competency certificate in accordance with the provisions of section 1.2 of the Regulation respecting the issuance of competency certificates (chapter R-20, r. 5).

Subject to the first paragraph of section 1.4 of the Regulation respecting the issuance of competency certificates, any person who has exercised the right provided for in the first paragraph may invoke the same exemption for any subsequent application for the issuance of a journeyman competency certificate.

O.C. 313-93, s. 33.

33.1. Notwithstanding section 15, any person to whom the Commission issues an apprentice competency certificate under section 28.2 of the Regulation respecting the issuance of competency certificates (O.C. 673-87, 87-04-29) shall be classified according to the number of hours pertaining to the specialty of security systems installer that he demonstrates having worked, at the rate of 3,000 hours per period of apprenticeship.

At the time of the issue of an apprenticeship booklet to such apprentice, the Commission shall register therein the hours referred to in the first paragraph, at the rate of 2 hours per 3 hours worked. The apprentice shall pursue, his apprenticeship in accordance with the provisions of this Regulation.

Once the apprentice has completed 3 periods of apprenticeship, he shall register for the examination referred to in the second paragraph of section 5.

O.C. 1489-95, s. 5.

33.2. A person referred to in section 33.1 who has passed the qualification examination provided for in that section and who requests that an apprentice competency certificate be issued to him for the entire trade of electrician shall be classified initially at the beginning of the second period of apprenticeship.

O.C. 1489-95, s. 5.

33.3. A person who demonstrates to the Commission that he has, before 14 December 1995, worked 9,000 hours in the speciality of security systems installer is eligible for the integration examination prescribed for that specialty.

Should he fail that examination, that person is entitled to sit for a supplemental examination, which must be held more than 30 days following the first examination.

O.C. 1489-95, s. 5.

33.4. For the purposes of the calculation of the hours worked to enforce sections 33.1 and 33.3, the Commission takes into account the number of hours devoted to a relevant program of studies, especially the program “Repairing and troubleshooting security systems”, by an individual who has successfully completed such a program.

O.C. 1489-95, s. 5.

33.5. Any person who, after 30 April 1996 and before 31 July 1997, was the holder of a qualification certificate delivered by the Joint Committee for the Flat Glass Industry for the trade of erector-mechanic (glazier), the trade of setter, glass and spandrel panels, the trade of setter, mechanic (glazier), or the trade of setter journeyman, shall be exempted form the qualification examination provided for in Division IV and may obtain a competency certificate pertaining to the trade of erector-mechanic (glazier) in accordance with the provisions of section 1.2 of the Regulation respecting the issuance of competency certificates (chapter R-20, r. 5), as if that person had been exempted from the examination pursuant to section 11.

Subject to the first paragraph of section 1.4 of the Regulation respecting the issuance of competency certificates, any person who has exercised the right provided for in the first paragraph may invoke the same exemption for any subsequent application for the issuance of a journeyman competency certificate.

O.C. 937-97, s. 1.

33.6. Any person to whom the Commission issues an apprentice competency certificate pursuant to the trade of erector-mechanic (glazier) under section 28.6, under subsection 3 of section 28.7 or under section 28.8 of the Regulation respecting the issuance of competency certificates (chapter R-20, r. 5) shall be classified according to the number of work hours an employer subject to the Decree respecting the flat glass industry (R.R.Q., 1981, c. D-2, r. 52) has reported for that person to the Joint Committee for the Flat Glass Industry.

For the purposes of that classification, the Commission shall take into account the data of the Joint Committee for the Flat Glass Industry and the training credits that person proves having acquired under sections 14.06 and 14.09 of that decree since that person’s last classification by the joint committee.

O.C. 937-97, s. 1.

33.7. Any person contemplated in section 33.6 may continue the apprenticeship of the trade in accordance with the provisions of this regulation; such person shall become eligible to sit for the qualification examination for the trade of erector-mechanic (glazier) after having completed 3 apprenticeship periods.

O.C. 937-97, s. 1.

33.8. A person who, in accordance with section 15.5 of the Regulation respecting the issuance of competency certificates (chapter R-20, r. 5), obtained, between 1 May 2007 and 18 July 2013, an exemption from the obligation to hold a competency certificate as an operator of concrete pumps equipped with a distribution mast, is exempted from the qualification examination referred to in Division IV and may obtain a journeyman competency certificate corresponding to that speciality in accordance with the provisions of section 1.2 of the Regulation respecting the issuance of competency certificates, as if that person had been exempted from that examination pursuant to section 11 of this Regulation.

O.C. 746-2013, s. 2.

33.9. An apprentice crane operator who began a period of apprenticeship for that trade before 18 July 2013 and who finishes the period of apprenticeship within 24 months of starting it is eligible for the qualification examination for the trade of crane operator.

O.C. 746-2013, s. 2.

33.10. An apprentice structural steel erector, apprentice ornamental iron worker or apprentice ironworker is eligible for the qualification examination for the trade of ironworker, if he has accumulated at least 6,000 hours of apprenticeship relating to work pertaining to the trade of structural steel erector, ornamental iron worker or ironworker.

Beginning on 18 July 2013, a person referred to in the first paragraph may only continue his apprenticeship in the trade of ironworker.

O.C. 746-2013, s. 2.

33.11. A person who, on 18 July 2013, holds a journeyman competency certificate allowing him to practise the trade of structural steel erector or ornamental iron worker, may continue to practise that trade on the conditions stipulated by this Regulation prior to that date, until 18 July 2018.

O.C. 746-2013, s. 2.

33.12. The wage rates for the holder of an apprentice competency certificate as an ironworker, issued according to the provisions of section 28.19 of the Regulation respecting the issuance of competency certificates (chapter R-20, r. 5), in relation to the wage rates for a journeyman, are the percentages prescribed for a trade with 2 periods of apprenticeship, as set out in section 25, with a percentage of 85% for the third period.

O.C. 746-2013, s. 2.

33.13. The wage rates for the holder of an apprentice competency certificate as a crane operator who began a period of apprenticeship before 18 July 2013, in relation to the wage rates for a journeyman, are the percentages prescribed for a trade with one period of apprenticeship, as set out in section 25, with a percentage of 85% for the second period.

O.C. 746-2013, s. 2.

33.14. The holder of an apprentice competency certificate as a resilient flooring layer who began a period of apprenticeship before 10 July 2014, is eligible for the qualification examination for the trade of resilient flooring layer if the holder has accumulated at least 2,000 hours of apprenticeship relating to work pertaining to that trade.

O.C. 522-2014, s. 1.

33.15. The wage rate of the holder of an apprentice competency certificate as a resilient flooring layer who began a period of apprenticeship before 10 July 2014, in relation to the wage rate for a journeyman, is the percentage prescribed for a trade with a period of apprenticeship, as set out in section 25.

O.C. 522-2014, s. 1.

33.16. The holder of an apprentice competency certificate as a roofer who began a period of apprenticeship before 10 July 2014, is eligible for the qualification examination for the trade of roofer if the holder has accumulated at least 2,000 hours of apprenticeship relating to work pertaining to that trade.

O.C. 522-2014, s. 1.

33.17. The wage rate of the holder of an apprentice competency certificate as a roofer who began a period of apprenticeship before 10 July 2014, in relation to the wage rate for a journeyman, is the percentage prescribed for a trade with a period of apprenticeship, as set out in section 25.

O.C. 522-2014, s. 1.

34. (Omitted).

O.C. 313-93, s. 34.

SCHEDULE A

(ss. 2 and 4)

TRADE DEFINITIONS

Group I

Group I includes the trades of carpenter-joiner and interior systems installer.

1. Carpenter-joiner: “Carpenter-joiner” means any person who does wood carpentry work, joinery work, work involving the assembly, erection and repair of wood or metal items such as:

(a) concrete forms including forms for footings, walls, piers, columns, beams, slabs, stairs, roads, sidewalks and curbs at ground level and form ties;

(b) insect screens, door and window frames, doors, windows, sills, weatherstripping, curtain walls, and clapboard, aluminium or composition siding;

(c) metal partitions;

(d) shingles, unwelded and unhooked sheet metal connected thereto, sandstone tiles;

(e) insulation in matt, roll or panel form, fastened by means of nails, staples or glue;

(f) wallboards;

(g) wood or other composition lathing;

(h) steel studding;

(i) nailing metal corner beads and mouldings;

(j) cupboards, counters and shelving (interchangeable or fixed), including the application of plastic laminates or other analogous coverings;

(k) acoustical tile, including mouldings;

(l) bowling alleys and accessories;

(m) parquet flooring, including sanding and finishing;

(n) synthetic lawn material;

(o) the installation, hoisting and handling of: steel sheet-piling, shoring piles, wales, braces, struts, bearing piles and temporary steel or timber stays driven into the ground.

Specialty in flooring-sanding: The trade of carpenter-joiner includes the specialty in flooring-sanding.

The term “flooring-layer-sander” means any person who:

(a) for the purposes of assembling parquet flooring made of wood or substitute composite materials:

i. prepares, assembles and applies the furring and covering of the subfloor;

ii. does minor preparatory work on the surface;

iii. sets sound and thermal insulation;

iv. lays parquet flooring, particularly wood lathing and laying of floors, including peripheral mouldings;

v. performs the sanding and finishing of wooden flooring;

(b) lays, sands and finishes the wooden flooring of bowling alleys.

Performance of the work described in the first and third paragraphs includes trade-related handling for the purposes of immediate and permanent installation.

Specialty in deep foundation installation: The trade of carpenter-joiner includes the specialty in deep foundation installation.

The term “deep foundation installer” means any person who performs construction, erection and repair work for the installation of deep foundations, such as the installation, hoisting and handling of: steel sheet-piling, shoring piles, wales, braces, struts, bearing piles and temporary steel or timber stays driven into the ground.

Specialty in concrete forming: The trade of carpenter-joiner includes the specialty in concrete forming.

The term “concrete former” means any person who performs construction, erection and repair work on concrete forms including forms for footings, walls, piers, columns, beams, slabs, stairs, roads, sidewalks and curbs at ground level and form ties.

2. Interior systems installer: “Interior system installer” means anyone who:

(a) prepares and sets all types of laths;

(b) prepares, assembles and sets any metal (tied or welded) used to erect and install metal supports for suspended ceilings;

(c) sets metal studs or frames for walls or partitions to be covered with metal, gypsum or similar composition laths or any wallboard or gypsum tile;

(d) installs gypsum or composition wallboard on partitions composed of metal studs, or on metal furrings;

(e) installs any wire mesh to be covered with any type of coating;

(f) sets acoustical tile.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

Group II

Group II includes the crane operators, shovel operators, heavy equipment operators and heavy equipment mechanics.

The heavy equipment operator’s trade includes 4 specialties: tractor operator, grader operator, spreader operator, roller operator.

3. Crane operator: Anyone who:

(a) operates all types of cranes such as elevator cranes, tower cranes, suspended cranes, derrick cranes, self-propelled cranes on locomotives or truck-mounted on wheels or tracks, with hydraulic, electric, mechanical and electro-mechanical attachments;

(b) operates travelling cranes, boring machines, piledrivers and cranes equipped with piledriving equipment used to drive cement, tubular or other piles or sheetpiles.

A crane operator also operates the above equipment when it is electrically-driven.

Speciality of operator of concrete pumps equipped with a distribution mast: The trade of crane operator includes the speciality of operator of concrete pumps equipped with a distribution mast.

The term “operator of concrete pumps equipped with a distribution mast” means any person who operates truck-mounted concrete pumps equipped with a distribution mast.

4. Shovel operator: Anyone who operates all types of shovels, backhoes, cranes with clamshell or dragline attachments, pivoted arm excavators and any other stationary or mobile excavating equipment, track-mounted or on wheels.

A shovel operator also operates the above equipment when it is electrically-driven.

5. Heavy equipment operator: Anyone who operates equipment included in any of the following specialties:

(1) Specialty of the tractor operator: Is part of the specialty of the tractor operator, the operation of wheel or track-mounted tractors with booms, buckets or attachments, “pépine” backdiggers, concrete breakers, bulldozers, scrapers, overhead and front-end loaders, trench-cutting machines, sideboom and endboom tractors, wheel-mounted tractors with excavating or forked attachment.

(2) Specialty of the grader operator: Is part of the specialty of the grader operator, the operation of graders.

(3) Specialty of the spreader operator: Is part of the specialty of the spreader operator, the operation of grader-spreaders and asphalt or concrete spreaders.

(4) Specialty of the roller operator: Is part of the specialty of the roller operator, the operation of rollers and power compactors.

The operators of equipment included in the 4 specialties mentioned above also operate the equipment when it is electrically-driven.

6. Heavy equipment mechanic: Anyone who does the maintenance and repair of cranes, power shovels, graders, spreaders, rollers, tractors, off-the-road trucks and also any other construction equipment or machinery that is motorized, stationary or mobile, used for landscaping, handling or excavation.

The following works, however, are not considered as part of the trade: the repair of compressed air motors and pneumatic tools such as hammers, drills, chisels and reamers; tire installation and repair, installation of belts, windshield wipers and headlights, greasing and body work.

Group III

Group III includes the trades of ironworker, boiler-maker and reinforcing steel erector.

7. (Revoked).

8. Boilermaker: “Boilermaker” means anyone who performs the operations connected with the construction of steam generators, boilers and tanks including:

(a) all erection, dismantling, assembly and demolition work on boilers, as well as the steel erecting related thereto;

(b) setting equipment on foundations or supports;

(c) installing and rolling tubes;

(d) fitting all pressure or non-pressure parts, except the unloading, hoisting and placing of portable boilers, steam drums and assembled sections of tubular boilers;

(e) all work in connection with breechings, smoke boxes, stacks, uptakes, floats, air and water heaters, smoke consumers, all types of tanks, as well as all other plate work connected thereto;

(f) the erection and construction of purifying boxes, gas generators, brewery vats, standpipes, penstocks and gasometers, as well as the unloading, hoisting and placing of equipment or parts related to the abovementioned devices;

(g) all burning, chipping, caulking, riveting, welding and rigging work connected with the abovementioned operations.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

9. Ironworker: The term “ironworker” means any person who, with the exception of work done for the construction or maintenance of electric power transmission and distribution lines, performs:

(a) the erection and assembly of all iron and steel parts used in the construction of:

i. buildings, including partitions, prefabricated roofs, wall sections including metal windows;

ii. completely prefabricated buildings;

iii. bridges, viaducts, subways and tunnels;

iv. antennas for radio and television broadcasting stations;

v. hoists, car dumpers, cranes, conveyors, ore unloaders;

vi. lock gates, head gates;

vii. hydraulic regulating equipment;

viii. coal, stone, coke, sand and ore towers, bins and hoppers;

ix. ash chutes and hoppers;

(b) the erection of concrete structural members (wall panels, floor or ceiling slabs) when mechanical equipment is used;

(c) the erection and construction of all sectional and otherwise assembled stacks, as well as the extension and repair of such stacks;

(d) the unloading, hoisting and setting of complete boilers, steam drums and assembled sections of tubular boilers and machinery into their approximate positions;

(e) torch-cutting, welding, riveting, rigging, scaffolding, framing, erecting and dismantling of temporary or supporting work in connection with any of the above operations;

(f) by means of equipment, tools or welding, the tracing, cutting, preparation and assembly of all metal pieces for the manufacture of items such as: inside and outside stairs, railings, fences (except wire fences), gates, windows, canopies, cellar and inspection traps, all types of wire netting, coal chutes, vault doors, fire doors, partitions, lifesaving equipment or any other similar work; and the installation and erection of the above items.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

10. Reinforcing steel erector: “Reinforcing steel erector” means anyone who cuts, bends, fastens, installs and assembles rods and metal laths with wire, ties, or welding operations to strengthen concrete in the construction of forms, columns, beams, slabs or other similar work.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

Group IV

Group IV includes the tinsmiths and roofers

11. Tinsmith: “Tinsmith” means anyone who works sheet metal of a thickness gauge 10. (Sheet metal includes iron, copper, aluminum, stainless steel or other similar materials.) He also:

(a) traces, makes and sets all types of sheet-metal items on construction sites;

(b) erects and repairs ventilating, air conditioning and warm air heating systems, as well as all systems for exhausting such materials as shavings, fumes, smoke or dust, applies inside insulation connected with such systems and sets prefabricated apparatus;

(c) performs all other analogous work such as covering skylights, cornices, firestops and flashings with metal; installs gutters and other prefabricated metal items such as shelves, lockers, partitions, wall coverings, screens and ceilings.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

12. Roofer: “Roofer” means anyone who applies and lays asphalt composition, gravel, shingles, sandstone tiles or other similar products on roofs. Work also includes the repair and insulation of such roofs, including vapour seals, build-up roofing membranes and waterproofing barriers, as well as laying unwelded and unhooked sheet metal.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

Group V

Group V includes painters, resilient flooring layers and insulators.

13. Painter: “Painter” means anyone who:

(a) prepares and conditions the inside and outside surfaces of any structure and covers same with one or more coats of film-forming compound for protection and aesthetic purposes.

“Film-forming compound” means any liquid, sticky, natural or synthetic, transparent, semi-transparent, opaque or coloured material that forms a continuous protective film on surfaces;

(b) covers wall surfaces with wallpaper or any other similar material that is natural or synthetic, pre-pasted or glued;

(c) performs other work entailing the application of backing, corner beads and accessories, as well as joint-pointing wallboard.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

14. Resilient flooring layer: “Resilient flooring layer” means anyone who lays:

(a) resilient flooring made of vinyl, asphalt, rubber, cork, linoleum or of any other material that is glued but not nailed;

(b) rugs, carpets and undercarpets, except acoustical tile applied on walls and ceilings.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

15. Insulator: “Insulator” means anyone who, by spraying or any other regular method, applies thermal insulation to:

(a) i. all existing or new piping systems whether it be in connection with the installation, repair or renovation of such systems, including the application of all types of protective finishes;

ii. piping used to convey any fluid (hot water, cold water, steam, gas, oil, fuel, ammonia, etc.);

iii. piping and duct work for air conditioning, ventilation or refrigeration purposes;

(b) radiators, furnaces, boilers, tanks and other similar equipment, except the erection of brick walls for boilers.

An insulator may also apply rigid or semi-rigid insulating materials.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

Group VI

Group VI includes plasterers, cement finishers, bricklayer-masons and tile setters.

16. Plasterer: “Plasterer” means anyone who:

(a) by means of a trowel or mechanically, applies coatings such as plaster, celanite, mortar, cement metal composition, stucco or other substitutes;

(b) sets metal corner mouldings or any other type of mouldings, as well as all accessories connected thereto;

(c) points and fills gypsum wallboard joints;

(d) does plaster moulding work and pours and sets ornaments.

17. Cement finisher: “Cement finisher” means anyone who:

(a) prepares and finishes cement surfaces on floors, walls, sidewalks and pavements;

(b) performs plain or designed cement coating work;

(c) applies hardeners and sealers or does all other similar coating work on floors, sidewalks, pavements and other roadwork inside tunnels;

(d) applies and finishes metallic waterproofing, including the protective coating and the installation of waterproofing membranes.

For the cement finisher, work on walls, following flooring operations, may not exceed the height of the base-board.

18. Bricklayer-mason: “Bricklayer-mason” means anyone who:

(a) cuts, saws, joint-points and lays, by using mortar, cement or any other adhesive material, the following masonry items:

i. brick, natural or artificial stone;

ii. acid brick, fire brick, brick made of plastic, cement or any other refractory material, all such bricks being laid by hand, machine or compressor;

iii. refractory material tiles;

iv. terra-cotta;

v. architectural precast concrete;

vi. blocks made of gypsum, concrete or glass, composition materials and light aggregates, for walls or partitions;

(b) sets and welds anchoring devices; applies rigid insulation inside walls and masonry cavities.

19. Tile setter: “Tile setter” means anyone who:

(a) cuts and sets marble, granite, prefabricated terrazzo, slate, glazed or enameled ceramic tiles and all other similar or substitute materials;

(b) installs strips, laths and metal anchoring devices and applies various granitic mixtures;

(c) sets the base for the above operations;

(d) polishes by hand or machine and by means of dry or wet processes, all surfaces made of granite, marble or any other similar material and cements or fills in cracks or gaps.

Group VII

Group VII includes millwrights.

20. Milwright: “Millwright” means anyone who:

(a) installs, repairs, sets, erects, dismantles and handles equipment, including equipment for bowling alleys; conveyors and permanently-installed equipment; automatic doors and accessories; adjustable floors used to support machinery;

(b) makes templates for such machinery and equipment.

Group VIII

Group VIII includes electricians.

21. Electrician: “Electrician” means anyone who performs construction, overhaul, alteration, repair or maintenance work on an electrical installation for lighting, heating and motive power purposes, including, in every instance, the electrical wires, cables, conduits, accessories, appliances and apparatus that form part thereof, that are attached thereto or that are used to connect the installation to the public utility or municipal services network supplying it, such connection point being located on the wall of the building or structure nearest to the public utility line.

“Electrician” also means anyone who performs installation, overhaul, alteration, repair and maintenance work on various security systems such as fire alarms, burglar alarms, access cards and video cameras.

Specialty of security systems installer: “Security systems installer” means anyone who performs installation, overhaul, alteration, repair and maintenance work on various security systems such as fire alarms, burglar alarms, access cards and video cameras, excluding electrical installations defined in paragraph 3 of section 2 of the Act respecting electrical installations (chapter I-13.01).

The work described to be within the jurisdiction of a security systems installer does not include the installation of conduits or of cables inside conduits, unless such work is to be performed within one day and requires the use of less than 150 metres of conduit and the installation of cables inside such conduit.

Performance of the work described above includes trade-related handling for the purposes of immediate and permanent installation.

Group IX

Group IX includes the pipe fitting trade.

22. Pipe fitter: “Pipe fitter” means any person who performs, in any building or construction, the work of installing, renewing, altering, repairing or maintaining the systems included in the following specialties, except the piping of sewers and water mains and the connection thereof:

(1) Specialty of plumber: The plumber is responsible for:

(a) plumbing systems, including:

i. piping, devices, accessories and other apparatus necessary for the flow of fluids in the said system;

ii. piping, devices, accessories and other apparatus used for the draining and the back air ventilation of the said system;

(b) the piping, the devices and accessories used in installations such as refineries, gasoline pumps, air vents, pipe-lines and sprinkling systems.

(2) Specialty of the heating systems installer: The heating systems installer is responsible for:

(a) heating and combustion systems including their piping, devices, accessories and/or other apparatus necessary for the distribution of fluids or the production of motive power or heat by the said system;

(b) piping, devices and accessories utilized in installations such as oil refineries, gasoline pumps, air vents, pipe-lines and sprinklers.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

(22.1) Specialty of the fire protection mechanic: The fire protection mechanic is responsible for automatic sprinkler systems including their piping, devices, accessories and other apparatus used to prevent and fight fires.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

(22.2) Specialty of the refrigeration mechanic: The refrigeration mechanic is responsible for refrigeration systems with at least 1/4 h.p. capacity, including their piping, devices, accessories and other apparatus necessary for the distribution of fluids and the production of cold air by the said systems.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

Group X

Group X includes elevator mechanics.

23. Elevator mechanic: “Elevator mechanic” means anyone who installs, renews, alters, repairs or maintains a mechanical conveying system composed of apparatus, accessories and other equipment such as elevators, hoists, escalators, flying scaffolds, ski lifts, dumbwaiters, movable stage platforms, rolling sidewalks and other similar equipment generally used or usable for transporting persons, things or materials.

The installation of a mechanical conveying system also involves the electrical connection of apparatus and accessories from the main line disconnexion switch. The installation also includes the operation of a temporary or unfinished system, as well as the operation of a finished system when the latter is used, at the employer’s request, to convey his employees and materials.

Group XI

Group XI includes the trade of erector-mechanic (glazier).

24. Erector-mechanic (glazier): “Erector-mechanic (glazier)” means any person who installs and repairs work (permanent or not) related to the flat glass industry and all other similar work made of metal or substitute materials, namely: installs and repairs all types of glass and their frames, ornamental or decorative items, prefabricated sheeting, curtain walls, doors, windows, show windows and other structures made of sheet metal or mouldings and fastened by means of an adhesive base or otherwise, but only, in the case of works not made of glass, when such works are accessory or secondary to setting or installing flat glass, when such works are related to the doors and windows of a building, and when such works are used as a substitute for glass.

Performance of the work described in the first paragraph includes trade-related handling for the purposes of immediate and permanent installation.

O.C. 313-93, Sch. A; O.C. 1489-95, s. 6; O.C. 937-97, s. 2; O.C. 1297-97, s. 1; O.C. 746-2013, s. 3.

Schedule B

(ss. 5.1, 5.2, 11, 14 and 17)

Group		Trade	Apprenticeship periods	Ratio of apprentice per journeyman or journeymen
				Apprentice	Journeyman or journeymen
I	1.	Carpenter-joiner	3	1	2
	2.	Interior systems installer	3	1	2
II	3.	Crane operator	2	1	1
	4.	Shovel operator	1	1	1
	5.	Heavy equipment operator	1	1	2
	6.	Heavy equipment mechanic	3	1	1
III	7.	(Repealed)
	8.	Boilermaker	3	1	2
	9.	Ironworker	3	1	2
	10.	Reinforcing steel erector	1	1	2
IV	11.	Tinsmith	3	1	2
	12.	Roofer	2	1	2
V	13.	Painter	3	1	2
	14.	Resilient flooring layer	3	1	2
	15.	Insulator	3	1	2
VI	16.	Plasterer	3	1	2
	17.	Cement finisher	2	1	2
	18.	Bricklayer-mason	3	1	2
	19.	Tile setter	3	1	2
VII	20.	Millwright	3	1	2
VIII	21.	Electrician	4	1	2
IX	22.	Pipe fitter	4	1	2
	22.1	Fire protection mechanic	4	1	1
	22.2	Refrigeration mechanic	4	1	2
X	23.	Elevator mechanic	5	1	1
XI	24.	Erector-mechanic (glazier)	3	1	2

O.C. 313-93, Sch. B; O.C. 937-97, s. 3; O.C. 746-2013, s. 4; O.C. 522-2014, ss. 2 to 4; O.C. 1164-2017, s. 3.

SCHEDULE C

(s. 4)

ACTIVITIES OF TRADES

1. Carpenter-joiner

— installation of doors and windows;

— installation of prefabricated coverings;

— installation of cupboards and other workshop prepared or manufactured items;

— installation of gypsum board.

2. Tinsmith

— installation of gutters;

— installation of prefabricated coverings.

3. Painter

— pointing and filling joints (gypsum board).

4. Plasterer

— pointing and filling joints (gypsum board).

5. Interior systems installer

— installation of gypsum board.

6. Erector-mechanic (glazier)

— setting doors and windows;

— installing mirrors and show windows.

O.C. 313-93, Sch. C; O.C. 937-97, s. 4; O.C. 746-2013, s. 5.

SCHEDULE D

(s. 4)

1. ELEVATING DEVICES MECHANIC

— PLATFORM LIFTS

The holder of a journeyman competency certificate corresponding to the “platform lifts” activity is authorized to execute solely installation, repair or alteration work on lifts for persons with physical disabilities referred to in the CAN/CSA standard or standards governing lifts for persons with physical disabilities, including the operation of a temporary or unfinished system and the electrical connection of the apparatus or accessories from the main line connection switch specific to the mechanical conveyor system.

O.C. 705-2016, s. 3.

REFERENCES

O.C. 313-93, 1993 G.O. 2, 1835

S.Q. 1993, c. 61, s. 74

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

S.Q. 1995, c. 8, s. 54

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

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

O.C. 1297-97, 1997 G.O. 2, 5150

S.Q. 2006, c. 58, s. 82

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

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

O.C. 855-2012, 2012 G.O. 2, 2615

O.C. 746-2013, 2013 G.O. 2, 1869

O.C. 522-2014, 2014 G.O. 2, 1198

S.Q. 2015, c. 15, s. 237

O.C. 705-2016, 2016 G.O. 2, 2977

O.C. 995-2016, 2016 G.O. 2, 3881

O.C. 1164-2017, 2017 G.O. 2, 3729