Construction Workforce from Quebec Act, 1996
EXPLANATORY NOTE
The Bill regulates the participation of Quebec workers and contractors in the construction industry in Ontario.
Construction workers who ordinarily reside in Quebec and contractors whose principal place of business is in Quebec must obtain a permit to work in construction or to supply services relating to construction in Ontario. Requirements are established for obtaining the permits.
It is an offence for a Quebec worker or contractor to work in construction or to supply construction services in Ontario without a permit. Transitional provisions are included that allow certain Quebec workers and contractors to work for one year without a permit after the Act comes into force.
At construction projects that are paid for by the province or a municipality either directly or indirectly, in whole or in part, preference may be given to hiring Ontario workers and contractors instead of those from Quebec.
The Act is enforced by inspectors appointed under the Occupational Health and Safety Act. It is an offence to obstruct an inspector or to fail to assist an inspector.
Bill1996
An Act respecting the participation of
workers and contractors from Quebec in
Ontario's construction industry workforce
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act,
"contractor from Quebec" means a person whose principal place of business is in the Province of Quebec and who works in construction or supplies services relating to construction; ("entrepreneur du Québec")
"inspector" means an inspector under the Occupational Health and Safety Act; ("inspecteur")
"worker from Quebec" means an individual who ordinarily resides in the Province of Quebec. ("travailleur de Québec")
Prohibition, workers from Quebec
2. (1) No individual who ordinarily resides in the Province of Quebec shall work in construction in Ontario or supply services relating to construction in Ontario unless the individual holds a permit to do so.
Same, employers
(2) No person shall employ an individual who ordinarily resides in the Province of Quebec to work in construction in Ontario or to supply services relating to construction in Ontario unless the individual holds a permit to do so.
Offence
(3) A person who contravenes subsection (1) or (2) is guilty of an offence.
Transition
(4) Despite subsections (1) and (2), the individual is not required to have a permit until one year after this Act comes into force if, immediately before it comes into force, he or she ordinarily worked in construction in Ontario or supplied services relating to construction in Ontario.
Prohibition, contractors from Quebec
3. (1) No person whose principal place of business is in the Province of Quebec shall work in construction in Ontario or supply services relating to construction in Ontario unless the person holds a permit to do so.
Same
(2) Subsection (1) does not apply with respect to a person who is an employee.
Offence
(3) A person who contravenes subsection (1) is guilty of an offence.
Transition
(4) Despite subsection (1), a person is not required to have a permit until one year after this Act comes into force if, immediately before it comes into force, the person ordinarily worked in construction in Ontario or supplied services relating to construction in Ontario.
Permit for workers from Quebec
4. (1) A worker from Quebec may apply to the Ministry of Labour for a permit to work in construction in Ontario or supply services relating to construction in Ontario.
Restrictions on permits
(2) The Ministry may issue a permit for such type of work in construction, for such a location or project and for such a period of time as the Minister considers appropriate.
Issuance of permit
(3) A permit may be issued to a worker from Quebec who meets the following requirements:
1. The worker must submit an application in a form approved by the Minister together with the applicable application fee.
2. The worker must have completed such training courses as the Minister may require including an occupational health and safety course.
3. The worker must have such professional or specialist designations as the Minister may require.
4. The worker must have such experience performing the work for which the permit is sought as the Minister may require.
5. The worker must join an Ontario trade union or representative association of his or her choice relating to the work for which the permit is sought.
6. The worker must pay the applicable fee for the permit.
Refusal of permits
(4) The Minister may refuse to issue permits to workers from Quebec if the Minister considers that it is in the public interest to ensure continued employment in Ontario for individuals who ordinarily reside in Ontario.
Permit for contractors from Quebec
5. (1) A contractor from Quebec may apply to the Ministry of Labour for a permit to work in construction in Ontario or supply services relating to construction in Ontario.
Restrictions on permits
(2) The Ministry may issue a permit for such type of work in construction, for such a location or project and for such a period of time as the Minister considers appropriate.
Issuance of permit
(3) A permit may be issued to a contractor from Quebec that meets the following requirements:
1. The contractor must submit an application in a form approved by the Minister together with the applicable application fee.
2. The contractor must have such experience performing the work for which the permit is sought as the Minister may require, including employees who have such training, designations and experience as the Minister may require.
3. The contractor must retain a person who ordinarily resides in Ontario to act as the contractor's agent in Ontario.
4. The contractor must join a representative association of the contractor's choice in Ontario relating to the work for which the permit is sought.
5. The contractor must pay the applicable fee for the permit.
Refusal of permits
(4) The Minister may refuse to issue permits to contractors from Quebec if the Minister considers that it is in the public interest to ensure continued employment in Ontario for contractors whose principal place of business is in Ontario.
Government-funded projects
6. (1) This section applies with respect to a construction project that is paid for by the province or a municipality either in whole or in part and either directly or indirectly.
Same
(2) A person arranging for construction to be done at a project may give preferential consideration to individuals who ordinarily reside in Ontario instead of workers from Quebec and persons whose principal place of business is in Ontario instead of contractors from Quebec.
Powers of inspector
7. (1) For the purpose of enforcing this Act, an inspector has the powers and duties set out in clauses 54 (1) (a) to (d), (g) and (h) and section 56 of the Occupational Health and Safety Act. Those provisions apply with necessary modifications to this Act.
Obstruction
(2) No person shall hinder, obstruct, molest or interfere with an inspector in the enforcement of this Act and no person shall attempt to do so.
Assistance
(3) Every person shall furnish all necessary means in the person's power to facilitate any entry, inspection, examination or inquiry by an inspector in enforcing this Act.
Offences
(4) A person who contravenes subsection (2) or fails to comply with subsection (3) is guilty of an offence.
Penalty, individual
8. (1) An individual who is convicted of an offence under this Act is liable to a fine of not more than $2,000.
Same, person
(2) Upon conviction of an offence under this Act, a person who is not an individual is liable to a fine of not more than $10,000.
Commencement
9. This Act comes into force the day it receives Royal Assent.
Short title
10. The short title of this Act is the Construction Workforce from Quebec Act, 1996.