The construction industry is one of the most important areas of
economic activity in Quebec. There are a multitude of companies
that operate in this area, employing countless numbers of
The Commission de la construction du Québec (the
"Commission") is the body responsible for applying
the Act respecting Labour Relations, Vocational Training and
Workforce Management in the Construction
Industry1(the "Act") as well as
the 25 or so regulations thereunder.
The Act and its regulations contain several procedural
mechanisms that, if not respected, can result in considerable
financial penalties for employers. In order to avoid unpleasant
surprises, employers must become familiar with the mechanisms to be
followed for employee hirings, layoffs and departures, and for
ensuring employee mobility in the construction industry.
The Commission administers a labour referral service to provide
qualified employees as candidates to meet employers' labour
needs2. But employers are not required to use this
service and may directly hire construction workers for their
projects3. In either case, however, the regulatory
hiring criteria must be respected.
In this regard, section 107.11 of the Act provides that "an
employer must notify the Commission of the hiring, temporary layoff
or departure of an employee ...".
More specifically, the Regulation respecting the hiring and
mobility of employees in the construction industry provides
the Commission must be so notified during its regular working
the notice must be given at the time of the event or the
following day at the latest. However, this notice period does not
include Saturdays, Sundays, statutory holidays or obligatory annual
vacations during the decreed winter period5;
the notice may be given using the online service provided by
if it is more convenient or if the online service is not
accessible, the notice may be given by telephone, directly to a
the employer must obtain a reference number from the Commission
upon giving the notice, and enter it in its payroll
If an employer fails to respect this procedural mechanism, it
will be deemed to have committed an offence and will be liable to a
fine ranging from $1,026 to $2,053, subject to
Thus, employers subject to the Act are strongly advised to
become familiar with the hiring criteria in order to avoid
receiving a notice of offence and having to pay a fine. As the old
adage goes, "Ignorance of the law is no excuse"!
1CQLR, c. R-20
2Ibid. s. 107.7
3Regulation respecting the hiring and
mobility of employees in the construction industry,
CQLR, c. R-20, r. 6.1, s. 45
5Ibid. s. 41
7Supra, note 1, s. 119.02
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