Canada — Quebec Act or statute

Canada — Quebec legislation

Building Act, 1985

1. The purposes of this Act are: (1) to ensure proper quality of the construction work of buildings, and in certain cases, facilities intended for use by the public, installations independent of a building or petroleum…

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Consolidated Revenue Fundadministrationadministration costsadministrative decision-makingadministrative enforcementadministrative monetary penaltiesadministrative penaltiesadministrative procedureadministrative recordsadministrative sanctionsadministrative tribunal reviewadministrator feesadvancesagreementagreement concurrenceannual management reportannual reportingappealsapplication reviewappointmentsarbitrationassemblyasset protectionasset transactionsauthorizationbackground checksbankruptcybankruptcy screeningboard appointmentsboard authorizationboard compositionboard delegationboard proceduresboard quorumboard votingborrowing limitsbuilding codesbuilding compliancebuilding contractorsbuilding energy efficiencybuilding exclusionsbuilding inspectionbuilding operationsbuilding safetybusiness establishmentby-lawscertificate amendmentcertificate and permit decisionscertificate cancellationcertificate conformitycertificate issuancecertificate of conformitycertificate renewalcertificate suspensioncertificationcivil engineeringclaimsclient compensationcode compliancecommunication of informationcompensationcompensation claimscompensation paymentscompliancecompliance conditionscompliance deadlinescompliance documentationcompliance recordkeepingcompliance screeningconfidential reportingconfidentialityconstructionconstruction complianceconstruction contractingconstruction industry complianceconstruction industry oversightconstruction licensingconstruction qualityconstruction regulationconstruction securityconstruction standardsconstruction workconstruction work authorizationconstruction work completionconsumer price indexconsumer warranty planscontractingcontractor associationscontractor competencecontractor compliancecontractor contributionscontractor eligibilitycontractor guarantycontractor liabilitycontractor licensingcontractor licensing compliancecontractor obligationscontractor presumptioncontractor qualificationcontractor registrationcontractor regulationcontractorscontractscontraventionconviction-based exceptionconvictionscorporate compliancecorporate governancecost recoverycostscourt enforcementcourt proceedingscovered premises and installationsdaily continuing contraventiondata transcriptsdebt recoverydebtor propertydefect repairdelegationdelegation of powersdemolitiondeposit of fundsdocument executiondocument productiondocument retentiondocument transferdocumentationdue diligenceelectric utilitieselectricity distributionelectronic signatureseligibility conditionsemployment conditionsenergyenergy efficiencyenforcemententity classificationevacuationevasion of Actevidenceexchangefacility closurefacility operationsfalse nominee arrangementsfalse or misleading informationfee paymentfeesfiling deadlinesfinancial commitmentsfinancial statementsfinancingfinancing sourcesfine indexationfinesfire preventionfire safetyfiscal yearfitness and compliance reviewforestryfund administrationfund managementgas distributiongas safetygovernment agreementsgovernment auditgovernment guaranteesgovernment personnel transferguarantee contractsguarantor replacementguaranty contractsguaranty fundguaranty planguaranty plan governanceguaranty plan reservesguaranty planshearing procedureindexationindustrial exemptionsinformation accessinformation disclosureinjunctionsinspectioninspectionsinstallation connectioninstallation safetyinsuranceintegrity screeninginterestinterest accrualinterest capitalizationinterest on amounts owinginterest on decisioninternal governanceinvestigation referrallegal compliancelevylicence administrationlicence applicationlicence application reviewlicence applicationslicence cancellationlicence cancellation historylicence cessationlicence compliancelicence conditionslicence decisionslicence eligibilitylicence issuancelicence maintenancelicence refusallicence restrictionslicence reviewlicence suspensionlicence suspension periodlicence termlicenceslicense validitylicensinglicensing complianceliquidationloan contractsloansmaintenancemandatary corporationmandatemandate powersmanufacturingminingministerial administrationmonetary administrative penaltiesmonetary administrative penaltymunicipal authorizationmunicipal financingmunicipal powersmunicipal worksnew constructionnon-profit entity requirementsnotice of non-complianceoccupancy certificatesoffencesoperational shutdownowner-builder exemptionsowner-builderspartnership liabilitypaymentpayment securitypenal proceedingspenaltiespenalty accumulationpenalty collectionperformance guaranteepermit administrationpermit compliancepermit/certificate decisionspermitspersonal informationpetroleum equipmentpetroleum equipment installationpetroleum equipment installationsplans and specificationsprefabricated building approvalprescribed amountsprescription interruptionpressure installation operationspressure installationspressure vesselsprocedural fairnessproduct approvalproduct conformityproduct instructionsprofessional certificationprofessional ordersprofessional practiceprofessional standardsproofproperty useprosecution authorizationprovisional administrationpublic administrationpublic body restrictionspublic contract ineligibilitypublic contract scopepublic financepublic interestpublic occupancypublic posting of agreementspublic procurementpublic registerpublic safetypublic sector governancepublic usepublicationpublication of indexation resultspurchasequalification certificatesqualification recognitionquality control programquality control programsrecidivist penalty escalationrecognition decisionsrecord accessrecords accessrecords managementrefund withholdingregulation-makingregulationsregulatory approvalregulatory approvalsregulatory authorizationregulatory boardregulatory body establishmentregulatory complianceregulatory enforcementregulatory exemptionsregulatory investigationregulatory notificationregulatory powersregulatory proceduresregulatory reportingregulatory rulingsregulatory scoperegulatory standardsregulatory updaterentalreopening restrictionsrepeal statusrepeat convictionsreportingresidential buildingretention periodreview decisionsreview proceduresafety compliancesalesale of buildingssanctionsscope of applicationsecuritysecurity and feessecurity fundsignaturessite accessstandardsstationary enginemenstatutory interpretationstatutory modificationsubclass licensingsubdelegationsupervisionsupply refusalsuspension of executionterritorial exemptiontraining recognitiontribunal jurisdictiontribunal proceduretribunal reviewtrust assetstrust patrimonywebsite publicationwhistleblowingwork suspensionworkplace reprisalswritten reasons

Jurisdiction: Canada — Quebec
Structure: 490 provisions
Official identity: Year 1985
Dates: Enacted 1985 · Source version 10 Jun 2026

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Dates: Enacted 1985 · Source version 10 Jun 2026

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Purpose and legislative effect

“1. The purposes of this Act are: (1) to ensure proper quality of the construction work of buildings, and in certain cases, facilities intended for use by the public, installations independent of a building or petroleum equipment”

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Enacted 1985 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Section 109.4

Section 109.4 is repealed.

Section 109.4

Section 129.12

The Minister may designate a verifier to check documents and information sent by the mandatary Corporation, and the verifier may enter certain places, ask for information or documents, and make copies.

Section 129.12

Section 159.4

A monetary administrative penalty may be imposed for obstructing a Board representative or failing to follow a commissioner’s condition.

Section 159.4

Section 180

Section 180 is repealed.

Section 180

Section 219

219. (Inoperative, 1982, c. 42, s. 19; 1983, c. 26, s. 5; (1986) 118 G.O. 2, 901). 1985, c. 34, s. 219.

Section 219

Source and current-law status

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1985 · Source version 10 Jun 2026

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Provisions 201–400

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Showing 200 of 490 provisions

Provision 123Offence 33Repeal 32Amendment 11

§ 109.4Section 109.4Repeal

Source excerpt

Section 109.4 is repealed.

109.4. (Repealed). 1991, c. 74, s. 47; 2005, c. 22, s. 22.

Section 109.4Verify source

§ 109.5Section 109.5Repeal

Source excerpt

Section 109.5 is repealed.

109.5. (Repealed). 1991, c. 74, s. 47; 2005, c. 22, s. 22.

Section 109.5Verify source

§ 109.6Section 109.6Amendment

Source excerpt

The Government must appoint no more than five commissioners for the listed licensing and certificate functions, and commissioners may attach conditions to licences and other authorizations.

109.6. The Government shall appoint not more than five commissioners for the exclusive exercise of the following functions under the administrative authority of the president and chief executive officer: (1) to decide whether a licence or an amendment to a licence may be refused in light of the conditions set out in any of (a) subparagraph 4, subparagraph a of subparagraph 8 and subparagraphs 8.2 to 8.5 of the first paragraph of section 58; (b) sections 59 and 59.1; (c) subparagraph 3, subparagraph a of subparagraph 6, and subparagraphs 6.0.1, 6.3 to 6.5 and 8 of the first paragraph of section 60; and (d) sections 61 to 62.0.4; (2) to decide to indicate a restriction on a licence under subparagraph 4 and subparagraph 6 of the second paragraph of section 65.1; (3) to grant the holder of a licence that contains a restriction the authorization to continue to perform a contract in accordance with section 65.2.1 and to subject the authorization to certain conditions; (4) to decide to suspend or cancel a licence under any of (a) subparagraphs 1, 3 to 5.2 and 11 to 13 of the first paragraph of section 70 and the second paragraph of that section; (b) subparagraph 2 of the first paragraph of section 70 but only insofar as the decision is related either to one of the conditions referred to in paragraph 1 of this section or to subparagraph 8 of the first paragraph of section 58 or subparagraph 6 of the first paragraph of section 60; and (c) section 70.0.1; (4.0.1) to take note of one of the situations referred to in the first paragraph of section 74, or to decide to cancel the licence; (4.1) to refuse to issue or amend a certificate under subparagraphs 2 to 9 of the first paragraph and the third paragraph of section 86.11, or to suspend, cancel or refuse to renew a certificate under that section; (5) to refuse to issue or amend a permit under subparagraphs 2 to 11 of the first paragraph of section 128.3 and the second, third and fourth paragraphs of that section, or to limit, suspend, cancel or refuse to renew a permit under that section; (6) to refuse to recognize a person or body under paragraphs 2 to 5 of section 128.4, or to suspend, cancel or refuse to renew the recognition of a person or body under that section; and (7) to render decisions, in accordance with sections 160 to 164, on applications for review of a ruling of the Board. A commissioner may subject a licence, certificate, permit or recognition to any condition that the commissioner considers appropriate, including that the licence holder or the recognized person or body be subject, at the holder’s or the person’s or body’s own expense and within the time the commissioner specifies, to a corrective, oversight or monitoring measure. 2011, c. 35, s. 22; 2018, c. 13, s. 27; 2019, c. 28, s. 11; 2024, c. 35, s. 19.

Section 109.6Verify source

§ 109.7Section 109.7Provision

Source excerpt

Commissioners are appointed for terms of up to five years, and those terms may be renewed.

109.7. The commissioners shall be appointed for a term of up to five years. The term is renewable. The president and chief executive officer may allow a commissioner to continue the examination of an application and render a decision although the commissioner’s term has expired. 2011, c. 35, s. 22.

Section 109.7Verify source

§ 109.8Section 109.8Provision

Source excerpt

The Government must determine commissioners’ remuneration, employee benefits, and other conditions of employment.

109.8. The Government shall determine the commissioners’ remuneration, employee benefits and other conditions of employment. 2011, c. 35, s. 22.

Section 109.8Verify source

§ 110Section 110Provision

Source excerpt

The Board must supervise the administration of this Act, especially to protect the public.

110. The mission of the Board is to supervise the administration of this Act, particularly with a view to protecting the public. 1985, c. 34, s. 110; 1991, c. 74, s. 169; 2005, c. 22, s. 24.

Section 110Verify source

§ 111Section 111Provision

Source excerpt

The Board must carry out a set of mission-related responsibilities on building standards, inspections, industry integrity, cooperation, training, information, assistance, research, and guaranty plans.

111. In carrying out its mission, the Board shall, in particular, have the following responsibilities: (1) to ensure that this Act is applied and that building and safety standards are observed; (2) to check the qualifications of contractors, owner-builders and building inspectors so as to ensure their integrity, competence and solvency; (2.1) to cooperate in efforts to prevent and to fight corruption and fraudulent practices in the construction industry; (2.2) to ensure the quality of buildings, in particular by regulating building inspections; (3) to promote administrative agreements with other agencies operating in areas covered by this Act with a view to facilitating its application; (4) to promote the delegating of responsibility to local municipalities; (4.1) to support local municipalities, regional county municipalities and intermunicipal boards in their enforcement of any standard identical to a standard of the Safety Code (chapter B-1.1, r. 3); (5) to promote the training of persons working in the areas of building construction and public information; (5.1) to grant financial assistance to support projects, services or activities related to information, awareness or training, whose purpose is to protect guaranty plan beneficiaries; (6) to cooperate with departments and agencies involved in the areas covered by this Act; (7) to take part in the preparation of Government regulations, at the request of the Minister; (8) to disseminate information and give opinions on the content and application of the Construction Code (chapter B-1.1, r. 2) and the Safety Code; (9) to undertake or commission studies and research in areas covered by this Act; (10) to adopt measures to foster a greater sense of responsibility among persons working in the field of construction; (11) to manage guaranty plans, demand contributions and, where necessary, organize and administer a guaranty fund or a compensation fund. 1985, c. 34, s. 111; 1991, c. 74, s. 48, s. 169; 2005, c. 22, s. 25; 2010, c. 28, s. 13; 2011, c. 35, s. 23; 2018, c. 13, s. 28; 2019, c. 28, s. 12; 2024, c. 35, s. 20.

Section 111Verify source

§ 112Section 112Provision

Source excerpt

The Board may exercise supervision powers to enter certain premises at any reasonable hour, inspect and copy books and files, and require disclosure of information and related documents.

112. In the exercise of its powers of supervision, the Board may: (1) at any reasonable hour enter a building, an establishment where the manager of a guaranty plan, a building inspector, a contractor, an owner-builder, the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, a pressure vessel manufacturer or a gas or petroleum product distribution undertaking carries on activities or a construction site and have access to a facility intended for use by the public, an installation independent of a building or a petroleum equipment installation; (2) examine and make copies of the books, ledgers and files of the manager of a guaranty plan, of a building inspector, of a contractor, of an owner-builder, of the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, of a pressure vessel manufacturer or of a gas or petroleum product distribution undertaking; (3) require the disclosure of all information necessary for applying this Act as well as the production of any related document. 1985, c. 34, s. 112; 1991, c. 74, s. 49, s. 169; 2005, c. 10, s. 47; 2011, c. 35, s. 24; 2019, c. 28, s. 13; 2024, c. 35, s. 21.

Section 112Verify source

§ 113Section 113Provision

Source excerpt

The Board may take samples for analysis without charge, and must inform the person concerned and return the samples after analysis where possible.

113. The Board may without charge take samples for analysis; it shall inform the person concerned and return the samples after analysis, where possible. 1985, c. 34, s. 113; 1991, c. 74, s. 168.

Section 113Verify source

§ 114Section 114Provision

Source excerpt

The Board may require certain regulated persons or entities to submit material, equipment, or an installation for testing, analysis, or inspection to confirm compliance with the Act.

114. The Board may require the manager of a guaranty plan, a contractor, an owner-builder, the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, a pressure vessel manufacturer, a gas or petroleum product distribution undertaking, an architect or an engineer, to submit material, equipment, or an installation to a test, analysis or check so as to ensure it conforms to this Act. 1985, c. 34, s. 114; 1991, c. 74, s. 168; 1991, c. 74, s. 50; 2005, c. 10, s. 48; 2011, c. 35, s. 25.

Section 114Verify source

§ 115Section 115Provision

Source excerpt

The Board may make tests, take photographs, or make recordings at certain sites and installations.

115. The Board may make tests, take photographs or make recordings at a construction site, building, establishment where the manager of a guaranty plan carries on activities, facility intended for use by the public, installation independent of a building or petroleum equipment installation. 1985, c. 34, s. 115; 1991, c. 74, s. 169; 2005, c. 10, s. 49; 2011, c. 35, s. 26.

Section 115Verify source

§ 116Section 116Provision

Source excerpt

The Board may install a measurement apparatus itself, or order certain persons or undertakings to install one and provide the collected data.

116. The Board may itself install a measurement apparatus or order a contractor, an owner-builder, the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, a pressure vessel manufacturer or a gas or petroleum product distribution undertaking to install one and provide it with the data gathered. 1985, c. 34, s. 116; 1991, c. 74, s. 168; 1991, c. 74, s. 51; 2005, c. 10, s. 50.

Section 116Verify source

§ 117Section 117Provision

Source excerpt

The Board may require a person to provide what is needed to carry out a check.

117. The Board may require that a person provide it with what is needed to carry out a check. 1985, c. 34, s. 117; 1991, c. 74, s. 169.

Section 117Verify source

§ 118Section 118Provision

Source excerpt

A member of the Board or its agent must identify himself and show his certificate of appointment when requested.

118. A member of the Board or its agent must identify himself on request and show his certificate of appointment. 1985, c. 34, s. 118; 1991, c. 74, s. 169.

Section 118Verify source

§ 119Section 119Provision

Source excerpt

The Board may require a distribution undertaking to get consent before connecting certain electrical or gas installations to the network.

119. The Board may require that an electricity or piped gas distribution undertaking obtain its consent before connecting an electrical installation or an installation intended to use gas to the distribution network. 1985, c. 34, s. 119; 1991, c. 74, s. 168; 2005, c. 10, s. 66.

Section 119Verify source

§ 120Section 120Provision

Source excerpt

The Board may require a distribution undertaking to get authorization before supplying certain electrical, gas, or petroleum equipment installations.

120. The Board may require an electricity, gas or petroleum product distribution undertaking to obtain its authorization before supplying an electrical installation, an installation intended to use gas or a petroleum equipment installation. 1985, c. 34, s. 120; 1991, c. 74, s. 168; 1991, c. 74, s. 52; 2005, c. 10, s. 51.

Section 120Verify source

§ 121Section 121Provision

Source excerpt

Agents of certain electricity, gas, or petroleum product distribution undertakings who verify installations have the powers, and must comply with the obligations, set out in paragraph 1 of section 112 and sections 113 to 118.

121. The agents of an electricity, gas or petroleum product distribution undertaking engaged in verifying electrical installations, installations that use gas, petroleum equipment installations or construction work have the powers and must comply with the obligations set out in paragraph 1 of section 112 and in sections 113 to 118. 1985, c. 34, s. 121; 1991, c. 74, s. 52; 2005, c. 10, s. 52.

Section 121Verify source

§ 122Section 122Provision

Source excerpt

The Board may issue a written remedial notice, set a compliance deadline, and require extra safety measures; the person named in the notice must comply by the deadline.

122. The Board may, where it considers it advisable, give a remedial notice in writing indicating to a person the defects noted by the Board and fix a time limit for compliance with this Act and the regulations. In such a notice the Board may, in addition, enjoin the person to take any suppletory measures it considers necessary in order that the building, facility intended for use by the public, installation independent of a building or petroleum equipment installation be made safe for the persons living in it, frequenting it, using it or, as the case may be, having access to it. The person must comply with the notice within the time fixed. 1985, c. 34, s. 122; 1991, c. 74, s. 168; 1991, c. 74, s. 52; 2005, c. 10, s. 53.

Section 122Verify source

§ 123Section 123Provision

Source excerpt

The Board may order compliance with the Act, set a deadline, and require extra measures to make certain buildings or installations safe. The person named in the order must comply within the time fixed.

123. The Board may issue an order enjoining compliance with this Act and fix a time limit for doing so. It may, in addition, enjoin the person to take any suppletory measures it considers necessary in order that the building, facility intended for use by the public, installation independent of a building or petroleum equipment installation be made safe for the persons living in it, frequenting it, using it or, as the case may be, having access to it. The person must comply with the order within the time fixed. 1985, c. 34, s. 123; 1991, c. 74, s. 168; 1991, c. 74, s. 53; 2005, c. 10, s. 54.

Section 123Verify source

§ 124Section 124Provision

Source excerpt

If the Board believes there is danger to the public, it may order a public-use building, facility, installation, or equipment to be closed, evacuated, demolished, or stopped from operating. The Board must then give written reasons as soon as possible, and the site may not be reopened or used until the Board permits it.

124. Where the Board believes there is danger to the safety and well-being of the public, it may order that a building or facility intended for use by the public be closed, evacuated or demolished in whole or in part, or that the operation or use of an installation independent of a building, of a petroleum equipment installation or of equipment or an installation in a building be stopped or that the independent installation, equipment or installation be demolished. The Board, in such a case, must as soon as possible, give the reasons in writing for its decision. The site may not be reopened or the installation used until the Board so permits. 1985, c. 34, s. 124; 1991, c. 74, s. 168; 1991, c. 74, s. 54; 2005, c. 10, s. 55.

Section 124Verify source

§ 124.1Section 124.1Provision

Source excerpt

The Board may order construction work suspended if the work is being done without a licence or with the wrong class of licence.

124.1. The Board may order the suspension of construction work where the person carrying out the work or having it carried out does not hold a licence or where the licence is not of the appropriate class or subclass. The work may not resume until the Board so authorizes. 2019, c. 28, s. 14.

Section 124.1Verify source

§ 125Section 125Provision

Source excerpt

If a person does not comply with a Board order, the Board or an interested party may ask the Superior Court for an injunction. In a fit case, the court may order the work done at that person’s expense or let the Board do the work at that person’s expense.

125. Where a person against whom the Board has made an order refuses or neglects to comply, the Board or any interested party may apply to the Superior Court for an injunction compelling compliance. The court may in a fit case order that work be carried out at the expense of the person it names or authorize the Board to perform the work at that person’s expense. 1985, c. 34, s. 125; 1991, c. 74, s. 168; I.N. 2016-01-01 (NCCP).

Section 125Verify source

§ 126Section 126Provision

Source excerpt

An order against an immovable owner may be registered at the Land Registry Office, and the Board may apply for registration by filing a copy with the Land Registrar.

126. An order against the owner of an immovable may be registered at the Land Registry Office. The Board may apply for registration by presenting a copy of the order to the Land Registrar. The registration fees shall be borne by the owner of the immovable. The order shall in that case affect any purchaser whose right is subsequently registered, and he shall be bound to take over the obligations imposed on the former owner according to the order. 1985, c. 34, s. 126; 1991, c. 74, s. 168; 1999, c. 40, s. 37; 1991, c. 74, s. 55; 2000, c. 42, s. 101; 2020, c. 17, s. 30.

Section 126Verify source

§ 127Section 127Provision

Source excerpt

The Board may approve an alternative design, building method, or materials/equipment if it sets conditions and finds the quality equivalent to the code or regulation standards, or that public safety is equally protected.

127. The Board may approve a design, building method or the use of material and equipment different from that prescribed by a code or regulation made under this Act, on conditions it sets, where it finds the quality equivalent to what is sought by the standards of the code or regulation. The same applies where it considers that public safety is equally protected. 1985, c. 34, s. 127; 1991, c. 74, s. 168.

Section 127Verify source

§ 127.1Section 127.1Provision

Source excerpt

The Minister may issue an order allowing an approved design, building method, material, or equipment to replace a required standard, subject to conditions set by the Minister.

127.1. The Minister may, by order and on the conditions determined by the Minister, allow that a design, building method, material or equipment, approved by the Board under section 127, be used by any person to replace what is required by a standard provided for in a code or regulation made under this Act. Such an order shall come into force on the date of its publication in the Gazette officielle du Québec or on any later date specified in the order. The order is also to be published on the Board’s website. The order is established for a period of up to five years which the Minister may, if the Minister considers it necessary, extend twice for a period that may not exceed two years for each extension. Divisions II and III of the Regulations Act (chapter R-18.1) and section 17 of that Act do not apply to such an order. 2024, c. 35, s. 23.

Section 127.1Verify source

§ 128Section 128Provision

Source excerpt

The Board may allow different measures instead of those required by a code or regulation made under the Act, if it sets conditions and the code or regulation is not reasonably applicable.

128. In the case of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, the Board may allow the application of measures different from those prescribed by a code or regulation made under this Act, according to conditions it sets, where the provisions of the code or regulation are shown not to be reasonably applicable. 1985, c. 34, s. 128; 1991, c. 74, s. 168; 2005, c. 10, s. 56.

Section 128Verify source

§ 128.1Section 128.1Repeal

Source excerpt

Section 128.1 is repealed.

128.1. (Repealed). 1991, c. 74, s. 56; 1998, c. 46, s. 30.

Section 128.1Verify source

§ 128.2Section 128.2Provision

Source excerpt

The inspectors of the Commission de la construction du Québec must ensure, when their jurisdiction matches this Act, that contractors and owner-builders hold licences.

128.2. The inspectors of the Commission de la construction du Québec shall, where their field of jurisdiction coincides with that of this Act, ensure that the contractors and owner-builders are licence holders. In exercising this function, the inspectors have the same powers and duties of inspection as inspectors of the Board under this Act. 1991, c. 74, s. 56.

Section 128.2Verify source

§ 128.3Section 128.3Amendment

Source excerpt

The Board may refuse, limit, suspend, cancel, amend, or renew certain permits if the applicant or holder breaches stated conditions, gives false or misleading information, fails to provide information, ignores notices or orders, or does not pay amounts owed.

128.3. The Board may refuse to issue, amend or renew a permit referred to in section 35.2 or 37.1, or may limit, suspend or cancel such a permit, if the applicant or holder (1) does not comply with one of the terms or conditions set out in this Act or prescribed by regulation of the Board, in particular those related to a quality control program; (2) has submitted falsified facts to the Board or misrepresented facts, or has failed to provide the Board with information; (3) has not complied with a remedial notice issued under this Act; (3.1) has failed to comply with a condition imposed under the second paragraph of section 109.6; (4) has not complied with an order issued under this Act; or (5) has failed to pay a sum of money payable to the Board under this Act or the regulations. 1991, c. 74, s. 56; 2010, c. 28, s. 14; 2019, c. 28, s. 15; 2024, c. 35, s. 24.

Section 128.3Verify source

§ 128.4Section 128.4Provision

Source excerpt

The Board may refuse, renew, suspend, or cancel recognition of a person or body for certain sections if specified compliance or integrity issues exist.

128.4. The Board may refuse to recognize a person or body for the purposes of sections 16, 17.4, 33 to 35, 37.4 and 86.12 or to renew such recognition, or may suspend or cancel such recognition, if the person or body (1) does not comply with one of the terms or conditions set out in this Act or prescribed by regulation of the Board; (2) has submitted falsified facts to the Board or misrepresented facts, or has failed to provide the Board with information; (3) has not complied with an order issued under this Act; (3.1) has failed to comply with a condition imposed under the second paragraph of section 109.6; (4) is in a conflict of interest situation; or (5) has failed to pay a sum of money payable to the Board under this Act or the regulations. 1991, c. 74, s. 56; 1998, c. 46, s. 31; 2010, c. 28, s. 14; 2019, c. 28, s. 15; 2024, c. 35, s. 25.

Section 128.4Verify source

§ 128.5Section 128.5Provision

Source excerpt

Before making an unfavourable permit, certificate, or recognition decision, the Board must notify the person or body in writing and allow at least 10 days to submit observations. The Board must also render its decisions in writing and give reasons.

128.5. The Board shall, before rendering an unfavourable decision regarding a permit or certificate or the recognition of a person or body, notify the person or body concerned in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the person or body at least 10 days to submit observations. Decisions of the Board must be rendered in writing and give reasons. 1991, c. 74, s. 56; 1997, c. 43, s. 88; 2010, c. 28, s. 14; 2019, c. 28, s. 15.

Section 128.5Verify source

§ 128.6Section 128.6Repeal

Source excerpt

Section 128.6 is repealed.

128.6. (Repealed). 1991, c. 74, s. 56; 1998, c. 46, s. 32.

Section 128.6Verify source

§ 129Section 129Provision

Source excerpt

129. The Board may inquire into any matter relating to this Act. For such purpose, it shall have the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except for the power to order imprisonment. This section also applies to a commissioner in the exercise of the functions provided for in section 109.6. 1985, c. 34, s. 129; 1991, c. 74, s. 169; 2018, c. 13, s. 29.

Section 129Verify source

§ 129.1Section 129.1Provision

Source excerpt

The Board may obtain certain construction-work information or documents from a body subject to the access-to-information statute, and that body must provide them.

129.1. For the purposes of this Act and the regulations, the Board may obtain from a body that is subject to the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) any information or document in its possession relating to the carrying out of construction work and to the persons who carry out such work or cause such work to be carried out and the body shall furnish such information or document to the Board in accordance with that Act. 1991, c. 74, s. 57; 1992, c. 44, s. 81; 1993, c. 61, s. 69.

Section 129.1Verify source

§ 129.1.1Section 129.1.1Offence

Source excerpt

The Board may, according to law, make agreements with governments in Canada or abroad, or their departments or bodies, to carry out this Act and related regulations, and those agreements may allow personal information to be exchanged for offence prevention, detection, or repression.

129.1.1. The Board may, according to law, enter into an agreement with a government in Canada or abroad or with a department or body of such government for the carrying out of this Act and the regulations or of an Act for the carrying out of which such government, department or body is responsible. Such an agreement may permit the exchange of personal information for the prevention, detection or repression of offences under any such Act. 1993, c. 61, s. 69; 2006, c. 22, s. 177.

Section 129.1.1Verify source

§ 129.1.2Section 129.1.2Provision

Source excerpt

The Board may enter into an agreement with a Quebec government department or body to carry out this Act, or another Act administered by that department or body.

129.1.2. The Board may also enter into an agreement with a department or body of the Gouvernement du Québec for the carrying out of this Act or of an Act whose carrying out is under the responsibility of that department or body. 2005, c. 22, s. 26.

Section 129.1.2Verify source

§ 129.2Section 129.2Offence

Source excerpt

Any person may give the Board information about an act or omission believed to be a violation or offence under this Act or the regulations.

129.2. Any person may communicate to the Board information concerning an act or omission that the person believes constitutes a violation or offence with respect to this Act or the regulations. The first paragraph applies despite the provisions on the communication of information provided for in the Act respecting the protection of personal information in the private sector (chapter P-39.1) and the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), except those provided for in section 33 of the latter Act. It also applies despite any other communication restrictions under a law and any duty of confidentiality or loyalty that may be binding on the person, including toward his employer or, if applicable, his client. However, the lifting of professional secrecy authorized under this section does not apply to professional secrecy between a lawyer or a notary and a client. 1991, c. 74, s. 57; 2018, c. 13, s. 30.

Section 129.2Verify source

§ 129.2.1Section 129.2.1Provision

Source excerpt

A person who, in good faith, gives the Board certain information under the Act or regulations is protected from civil liability for doing so.

129.2.1. Any person who, in good faith, communicates to the Board information referred to in section 129.2 or any other information required or authorized to be communicated under this Act or the regulations does not incur any civil liability for doing so. 2018, c. 13, s. 30.

Section 129.2.1Verify source

§ 129.2.2Section 129.2.2Provision

Source excerpt

129.2.2. It is forbidden to take a reprisal against a person on the ground that the person has, in good faith, communicated information referred to in section 129.2.1 or cooperated in an inquiry, verification or inspection carried out on the basis of such a communication. It is also forbidden to threaten to take a reprisal against a person so that the person will abstain from communicating information to the Board or from cooperating in an inquiry, verification or inspection carried out on the basis of such a communication. The demotion, suspension, dismissal or transfer of a person having communicated information or any other measure that adversely affects such a person’s employment or conditions of employment is presumed to be a reprisal. 2018, c. 13, s. 30.

Section 129.2.2Verify source

§ 129.2.3Section 129.2.3Provision

Source excerpt

The Board must keep information it receives confidential, including the identity of the person who provided it.

129.2.3. The Board shall take the measures necessary to ensure that any information communicated to it, including the identity of the person who communicated it, remains confidential. Despite sections 9, 83 and 89 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no one may have access to or rectify information communicated to the Board under section 129.2. 2018, c. 13, s. 30.

Section 129.2.3Verify source

§ 129.3Section 129.3Provision

Source excerpt

The Government may give a mandate to two named corporations to supervise administration of the Act or to help apply it for members’ vocational qualification and required financial guarantees.

129.3. Notwithstanding section 110, the Government may give to the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec, to the extent indicated by the Government, a mandate to supervise the administration of this Act or to see to its application with respect to the vocational qualification of their members and the financial guarantees that may be required from them. The terms and conditions governing the carrying out of the mandate by the Corporation, the powers and duties conferred on the Corporation and the obligations of the Board under sections 66, 75, 147 and 148 to be assumed by the Corporation shall be determined in an agreement. The agreement may also set out the terms and conditions governing the exercise by the employees of the mandatary Corporation of the powers and duties entrusted to the Corporation. 1998, c. 46, s. 34; 1999, c. 13, s. 2.

Section 129.3Verify source

§ 129.4Section 129.4Provision

Source excerpt

The agreement must be published in the Gazette officielle du Québec, and it takes effect on publication or on any later date stated in it.

129.4. The agreement shall be published in the Gazette officielle du Québec. It becomes effective on the date of publication or on any later date set out therein. From that date, the mandatary Corporation shall exercise the powers and duties so entrusted to it and assume the obligations of the Board specified in the mandate. From the same date and for those purposes, the mandatary Corporation shall be considered to be a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) and shall be subject to the provisions of that Act. 1998, c. 46, s. 34.

Section 129.4Verify source

§ 129.5Section 129.5Provision

Source excerpt

Only specified officers, committee members, or office holders identified in the agreement may access information about a contractor’s solvency.

129.5. Only those officers of the mandatary Corporation, committee members or office holders identified in the agreement may have access to information relating to the solvency of a contractor. 1998, c. 46, s. 34.

Section 129.5Verify source

§ 129.6Section 129.6Provision

Source excerpt

No proceedings may be brought against the mandatary Corporation, its directors, committee members, or personnel for an official act done in good faith while carrying out the mandate under section 129.3.

129.6. No proceedings may be brought against the mandatary Corporation, its directors, the members of its committees or its personnel for an official act done in good faith in carrying out the mandate given to the Corporation under section 129.3. 1998, c. 46, s. 34.

Section 129.6Verify source

§ 129.7Section 129.7Provision

Source excerpt

The Board’s records and other documents become the mandatary Corporation’s records and other documents, to the extent provided in the agreement.

129.7. The records and other documents of the Board become, to the extent set out in the agreement, the records and other documents of the mandatary Corporation. 1998, c. 46, s. 34.

Section 129.7Verify source

§ 129.8Section 129.8Amendment

Source excerpt

A Board-issued licence stays in force until it expires or is amended, suspended, or cancelled by the mandatary Corporation.

129.8. A licence issued by the Board remains in force until the date on which it expires or until it is amended, suspended or cancelled by the mandatary Corporation. 1998, c. 46, s. 34; 2005, c. 22, s. 47.

Section 129.8Verify source

§ 129.9Section 129.9Amendment

Source excerpt

Board regulations on mandate matters continue to apply until changed or replaced by a Corporation regulation; Corporation regulations must be submitted to the Government for approval, and the Government may adopt a regulation itself if the Corporation does not act within a reasonable time.

129.9. The provisions of the regulations made by the Board that concern matters forming the subject of the mandate apply until amended or replaced by a regulation made by the mandatary Corporation. Any regulation made by the Corporation shall be submitted to the Government for approval with or without amendment. Where the Corporation does not adopt or amend a regulation within a time considered reasonable by the Government, the Government may itself adopt the regulation. 1998, c. 46, s. 34; 2005, c. 22, s. 27.

Section 129.9Verify source

§ 129.10Section 129.10Provision

Source excerpt

Separate accounts must be kept for collected sums and related expenses, and collected sums must be used only for activities covered by the mandate.

129.10. Separate accounts shall be kept for the sums collected pursuant to the regulations and the expenses incurred for the purpose of carrying out the mandate. The sums collected shall be applied exclusively to activities covered by the mandate. 1998, c. 46, s. 34.

Section 129.10Verify source

§ 129.11Section 129.11Provision

Source excerpt

The Minister may designate one or more persons to attend specified meetings without voting rights.

129.11. The Minister may at any time, on the conditions and for the term considered expedient by the Minister, designate one or more persons to participate, without voting rights, in meetings of the board of directors and, where applicable, of the executive committee and of any committee of the mandatary Corporation carrying out the mandate entrusted to the mandatary Corporation under section 129.3. The persons may be chosen by the Minister, in particular from associations representing consumers, from among persons who reside in or frequent buildings and from among owners of buildings. 1998, c. 46, s. 34.

Section 129.11Verify source

§ 129.11.1Section 129.11.1Provision

Source excerpt

The mandatary Corporation must contribute to the Administrative Labour Tribunal Fund.

129.11.1. The mandatary Corporation shall contribute to the Administrative Labour Tribunal Fund established by section 97 of the Act to establish the Administrative Labour Tribunal (chapter T-15.1) to cover the expenses incurred by the Tribunal for proceedings brought before it in connection with a ruling made by the Corporation as part of its mandate. The amount of the contribution from the Corporation and the terms of payment are determined by the Government. 2006, c. 58, s. 54; 2015, c. 15, ss. 123 and 237.

Section 129.11.1Verify source

§ 129.12Section 129.12Provision

Source excerpt

129.12. The Minister may, generally or specially, designate a person to verify the documents and information transmitted by the mandatary Corporation in accordance with the agreement. For such purpose, the verifier may, at any reasonable time, enter any place where the verifier has reason to believe operations or activities are carried on by or on behalf of a mandatary Corporation and require any information or document, and examine and make copies of any document. The person required to provide the information or documents must comply within the allotted time. 1998, c. 46, s. 34.

Section 129.12Verify source

§ 129.13Section 129.13Provision

Source excerpt

No proceedings may be brought against the verifier for acts done in good faith while exercising the verifier’s functions.

129.13. No proceedings may be brought against the verifier for any act done in good faith in the exercise of the verifier’s functions. 1998, c. 46, s. 34.

Section 129.13Verify source

§ 129.14Section 129.14Provision

Source excerpt

On request, the verifier must identify themselves and produce the Minister-signed document attesting the verifier’s capacity.

129.14. The verifier shall, on request, identify himself or herself and produce the document signed by the Minister attesting the verifier’s capacity. 1998, c. 46, s. 34.

Section 129.14Verify source

§ 129.15Section 129.15Provision

Source excerpt

No person may hinder the verifier in carrying out the verifier’s functions.

129.15. No person may hinder the verifier in the exercise of the verifier’s functions. 1998, c. 46, s. 34.

Section 129.15Verify source

§ 129.16Section 129.16Provision

Source excerpt

The Minister may direct a designated person to investigate matters about a mandatary Corporation’s administration, operations, or directors’ conduct. The designated investigator has the powers and immunity of public inquiry commissioners, except the power to order imprisonment.

129.16. The Minister may direct a person designated by the Minister to make an inquiry into any matter relating to the administration or operation of a mandatary Corporation or to the conduct of the directors of the Corporation, with respect to the mandate given to the Corporation under section 129.3. The investigator so designated has the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment. 1998, c. 46, s. 34.

Section 129.16Verify source

§ 129.17Section 129.17Provision

Source excerpt

The Minister may, before a verification or inquiry is finished, order a mandatary Corporation to take corrective action or accept a voluntary undertaking to do so.

129.17. The Minister may, even before the conclusion of a verification or inquiry under section 129.12 or 129.16, (1) order a mandatary Corporation to take the necessary corrective action within a specified time; (2) accept a voluntary undertaking by the Corporation to take the appropriate corrective action. 1998, c. 46, s. 34.

Section 129.17Verify source

§ 129.18Section 129.18Provision

Source excerpt

129.18. The Government may at any time revoke a mandate given under section 129.3. The revocation becomes effective on the date fixed by the Government. The decision of the Government must be communicated forthwith to the Corporation

Section 129.18Verify source

§ 129.19Section 129.19Amendment

Source excerpt

129.19. From the effective date of the revocation, (1) matters before the Corporation that relate to the mandate given under section 129.3 are continued and decided by the Board without other formality; (2) proceedings to which the Corporation is a party and that relate to the mandate so given are continued by the Board without continuance of suit; (3) a licence issued by the Corporation remains in force until the date on which it expires or until it is amended, suspended or cancelled by the Board; (4) any regulations made by the Corporation pursuant to the regulatory powers entrusted under section 129.3 are deemed to be regulations of the Board; (5) any regulations made by the Corporation des maîtres électriciens du Québec and the Corporation des maîtres mécaniciens en tuyauterie du Québec pursuant to the powers provided for in section 12.0.2 of the Master Electricians Act (chapter M-3) and section 10.2 of the Master Pipe-Mechanics Act (chapter M-4), respectively, cease to have effect; and (6) the records and other documents of the Corporation that relate to the mandate given under section 129.3 become, to the extent determined by the Government, the records and other documents of the Board. 1998, c. 46, s. 34; 2005, c. 22, s. 47.

Section 129.19Verify source

§ 130Section 130Provision

Source excerpt

The Board may delegate specified functions, powers, and duties in writing, subject to listed exceptions.

130. The Board may delegate to the president and chief executive officer, another member of the board of directors or a vice-president, in writing and to the extent specified, the functions assigned to it by this Act, except those conferred by sections 109.6, 132, 173 to 179 and 185. The Board may similarly delegate the exercise of powers and duties covered by the first paragraph to a committee composed of the president and chief executive officer and one or more directors. The Board may, in addition, delegate in writing and to the extent specified: (1) the exercise of the functions assigned to it by this Act, except those conferred by sections 109.6, 130.1, 132, 173 to 179 and 185, to a member of its personnel; (2) the exercise of powers conferred by sections 112 to 117, 122 and the first two paragraphs of section 129 to any person it may designate. The instrument of delegation may authorize the president and chief executive officer to subdelegate, in writing, the powers mentioned in subparagraph 2 of the third paragraph to any person designated under that subparagraph. 1985, c. 34, s. 130; 1991, c. 74, s. 58; 1998, c. 46, s. 35; 2005, c. 22, s. 28; 2010, c. 28, s. 15; 2011, c. 35, s. 27; 2018, c. 13, s. 31; 2024, c. 35, s. 26.

Section 130Verify source

§ 130.1Section 130.1Amendment

Source excerpt

Section 130.1 says the Board may make a written agreement with contractor associations to delegate specified powers and duties, but not the power to decide on issuing or amending a licence.

Not in force 130.1. The Board may enter into a written agreement with a contractors’ association or a group of contractors’ associations to delegate to it, to the extent indicated by the Board, the exercise of the powers and duties of the Board under sections 46, 47, 51, 53 to 55, 57 to 58, 60, 63, 64, 67, 69 and 72, for the purpose of assuring the qualification of the members of that association or of any of the associations in that group. The agreement may not, however, provide for the delegation of the power to rule on the issue or amendment of a licence. Only those officers of the association or group of associations or office holders identified in the agreement may have access to information relating to the solvency of a contractor. The agreement may provide for the financing of the expenses incurred by the association or group of associations for the purposes of this Act and allow the association or group of associations to collect and use for such purposes any of the amounts collected under section 151. In addition, the agreement may determine, from among the powers and obligations referred to in sections 112 to 122, the powers that may be exercised by the association or the group of associations and the obligations to which the association or group of associations is subject, as well as the conditions governing the subdelegation of those powers to its employees and the other terms and conditions governing the exercise of such powers. 1998, c. 46, s. 36; 2005, c. 22, s. 47; 2005, c. 22, s. 29; 2011, c. 35, s. 28.

Section 130.1Verify source

§ 131Section 131Repeal

Source excerpt

Section 131 is repealed.

131. (Repealed). 1985, c. 34, s. 131; 1991, c. 74, s. 59.

Section 131Verify source

§ 132Section 132Provision

Source excerpt

The Board may make a written agreement with a local municipality to delegate specified powers and duties within its territory.

132. The Board may enter into a written agreement with a local municipality to delegate to it, within its territory and to the extent specified, its powers and duties pursuant to sections 14 to 19, 21, 22, 24 to 27, 32 to 37.2 and 37.4 to 39, with a view to ensuring the quality of construction work and public safety. The agreement may make provision for financing the expenses incurred by the municipality in the application of this Act and allow the municipality to collect and apply for this purpose sums covered by paragraphs 4, 6 and 7 of section 151. The agreement may also provide, from among the powers and obligations contemplated in sections 112 to 118, 122 to 128, 129.1 and 129.2, which powers may be exercised by the local municipality and to which obligations the municipality is subject, the conditions of subdelegation of those powers to employees of the municipality and the other terms and conditions of exercise of those powers. 1985, c. 34, s. 132; 1991, c. 74, s. 168; 1991, c. 74, s. 60; 1998, c. 46, s. 37.

Section 132Verify source

§ 133Section 133Provision

Source excerpt

The delegated municipality may enter into a written agreement with another municipality, metropolitan community, or intermunicipal board, but only with the Board’s consent.

133. The delegated municipality may, with the consent of the Board, enter into a written agreement with another municipality, metropolitan community or intermunicipal board. Every regional county municipality, metropolitan community or intermunicipal board entering into an agreement in accordance with this section is deemed a local municipality for the purposes of the application of this Act. 1985, c. 34, s. 133; 1990, c. 85, s. 122; 1991, c. 74, s. 168; 1999, c. 40, s. 37; 2000, c. 56, s. 218.

Section 133Verify source

§ 134Section 134Provision

Source excerpt

A local municipality may make a written agreement with the Board. If it has done so, it may, by by-law, require permit or occupancy-certificate applicants to pay charges under the Act. The Government may set maximum fees for those charges by regulation.

134. A local municipality may enter into a written agreement under this division with the Board. The municipality that has entered into an agreement with the Board may require, by by-law, that persons wishing to obtain a permit or certificate of occupancy for a building pay the charges resulting from the application of this Act. The Government may, by regulation, set the maximum fees that may be demanded under the second paragraph. 1985, c. 34, s. 134; 1991, c. 74, s. 168.

Section 134Verify source

§ 135Section 135Provision

Source excerpt

Delegation to a municipality must be set out in the agreement.

Section 135Verify source

§ 136Section 136Provision

Source excerpt

136. The agreement requires approval by the Minister and comes into force on the tenth day following publication in the Gazette officielle du Québec of a notice to that effect or on any later date fixed therein. 1985, c. 34, s. 136.

Section 136Verify source

§ 137Section 137Provision

Source excerpt

This section says the division does not limit a municipality’s powers under another Act for unsafe buildings or works, or its prior claims or legal hypothecs to recover the cost of work it did.

137. This division does not affect the powers conferred on a municipality under another Act in respect of buildings unfit for habitation or occupancy and in respect of buildings or works representing a danger for the safety of persons owing to a lack of solidity nor prior claims or legal hypothecs established in favour of the municipality to guarantee the recovery of the cost of any work done by it on the buildings or works. 1985, c. 34, s. 137; 1995, c. 33, s. 17.

Section 137Verify source

§ 138Section 138Provision

Source excerpt

A local municipality may, if allowed by the agreement, adopt different measures under section 128. The municipality’s agent must send the municipal council an annual report listing the buildings for which an authorization was granted.

138. A local municipality may, so far as may be determined in the agreement, codify measures different from those provided in a code or regulation adopted under this Act and that may be authorized by it in accordance with section 128. The agent of the municipality exercising the power prescribed in section 128 shall send an annual report to the municipal council specifying the buildings for which an authorization was granted. 1985, c. 34, s. 138.

Section 138Verify source

§ 139Section 139Provision

Source excerpt

The Board may check the exercise of delegated responsibility, or have that checking done by any person or agency.

139. The Board may check the exercise of delegated responsibility or entrust the checking to any person or agency. 1985, c. 34, s. 139; 1991, c. 74, s. 168.

Section 139Verify source

§ 140Section 140Repeal

Source excerpt

Section 140 is repealed.

140. (Repealed). 1985, c. 34, s. 140; 1991, c. 74, s. 169; 1992, c. 57, s. 442.

Section 140Verify source

§ 140.1Section 140.1Provision

Source excerpt

Minutes of the board of directors meeting are authentic if approved by the board and certified by the chair, vice-chair, president and chief executive officer, secretary, or another person authorized by the Board.

140.1. The minutes of the meetings of the board of directors, approved by the board of directors and certified by the chair, the vice-chair, the president and chief executive officer, the secretary or another person authorized to do so by the Board, are authentic. 2005, c. 22, s. 30.

Section 140.1Verify source

§ 141Section 141Provision

Source excerpt

A document binds the Board only if signed by specified officers or a staff member; if signed by a staff member, the Board may limit the effect.

141. No deed, document or writing shall bind the Board nor be attributed to it unless signed by the chair of the board of directors, the president and chief executive officer, a vice-president, a commissioner, the secretary or a staff member and, if by a staff member, only to such extent as the Board may determine. A member of the personnel of a government department or body is considered a member of the personnel of the Board for the purposes of the first paragraph, insofar as the member is assigned to an administrative activity the Board has delegated by agreement to that government department or body. 1985, c. 34, s. 141; 1991, c. 74, s. 62, s. 169; 2005, c. 22, s. 31; 2007, c. 3, s. 51; 2011, c. 35, s. 29; 2024, c. 35, s. 27.

Section 141Verify source

§ 142Section 142Provision

Source excerpt

The Board may permit signatures to be made with an automatic device, an electronic signature, or a facsimile, on conditions and documents it sets.

142. The Board may, on the conditions and on the documents it determines, allow a signature to be affixed by means of an automatic device, an electronic signature to be affixed, or a facsimile of a signature to be engraved, lithographed or printed. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person authorized to do so by the president and chief executive officer. 1985, c. 34, s. 142; 1991, c. 74, s. 169; 2005, c. 22, s. 32; 2024, c. 35, s. 28.

Section 142Verify source

§ 142.1Section 142.1Offence

Source excerpt

The Board must keep a register for this Act.

142.1. The Board keeps a register for the purposes of this Act. The register shall be composed of all the documents and information relating to a licence, permit, certificate or to the recognition of a person or body, such as an application for a licence, permit, certificate or recognition, as well as any other document required for maintaining or renewing them. The register shall also contain the documents or information that could be used in penal proceedings for an offence under a provision of this Act. 2024, c. 35, s. 29.

Section 142.1Verify source

§ 143Section 143Provision

Source excerpt

143. A document or copy thereof issued by the Board or kept in its records, if signed or certified true by a person covered by section 141, proves itself. 1985, c. 34, s. 143; 1991, c. 74, s. 169.

Section 143Verify source

§ 143.1Section 143.1Provision

Source excerpt

The Board may authorize certain document transmitters to file documents in computerized form or by telecommunications link, if the Board sets the conditions by regulation.

143.1. The Board may authorize a person who transmits a notice, report, declaration, estimation or any other document to the Board, a manager referred to in section 81 or a person referred to in section 135, to transmit such document in computerized form or by a telecommunications link, on the conditions it determines by regulation according to the categories of documents indicated in the regulation. 1996, c. 74, s. 6.

Section 143.1Verify source

§ 143.2Section 143.2Provision

Source excerpt

143.2. An intelligible written transcript of the data stored by the Board, the manager referred to in section 81 or the person referred to in section 135 in computerized form forms part of its or his documents and is proof of its content where it has been certified true by a person referred to in section 141 or by a person designated by the manager or the person, as the case may be. In the case of data communicated to the Board, to a manager or to a person under section 143.1, the transcript must reproduce such data exactly. 1996, c. 74, s. 6.

Section 143.2Verify source

§ 144Section 144Provision

Source excerpt

Most board directors may not access solvency information about a contractor or owner-builder; only the president and chief executive officer is excepted.

144. No member of the board of directors except the president and chief executive officer may have access to information relating to the solvency of a contractor or owner-builder. 1985, c. 34, s. 144; 1991, c. 74, s. 63; 2005, c. 22, s. 33.

Section 144Verify source

§ 145Section 145Provision

Source excerpt

These actors may not be sued for certain good-faith official acts done in the performance of duty.

145. Neither the Board, nor a board member, a vice-president, a staff member or any person delegated under section 132 may be sued for an official act done in good faith in the performance of duty. The same applies for a local municipality, a regional county municipality, an intermunicipal board and their employees as regards the enforcement, in respect of buildings, installations or facilities referred to in section 2 that are subject to the municipal by-laws, of a standard identical to a standard of the Safety Code (chapter B-1.1, r. 3). 1985, c. 34, s. 145; 1991, c. 74, s. 64, s. 169; 2005, c. 22, s. 34; 2010, c. 28, s. 16; 2011, c. 35, s. 30; 2018, c. 13, s. 32.

Section 145Verify source

§ 146Section 146Provision

Source excerpt

Except for a question of jurisdiction, judicial review applications and injunctions are not allowed against the Board acting officially.

146. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) shall lie, nor may injunction be granted, against the Board in its official capacity. A judge of the Court of Appeal may, on an application, summarily quash any decision, order or injunction made or granted contrary to the first paragraph. 1985, c. 34, s. 146; 1991, c. 74, s. 169; 2014, c. 1, s. 781; I.N. 2016-01-01 (NCCP).

Section 146Verify source

§ 147Section 147Provision

Source excerpt

The Board must give the Minister annual financial statements, compensation fund statements, and a management report by 31 July.

147. The Board shall submit to the Minister, by 31 July of each year, its financial statements and those of the compensation fund together with an annual management report for the past fiscal year. The financial statements and report must contain all the particulars required by the Minister. The Minister shall table the report and financial statements in the National Assembly within 30 days of their receipt, if it is sitting, or within 30 days of the resumption of a session or the opening of a new session, if it is not sitting. 1985, c. 34, s. 147; 1991, c. 74, s. 65, s. 169; 2005, c. 22, s. 35; 2022, c. 19, s. 431.

Section 147Verify source

§ 148Section 148Provision

Source excerpt

The Board must provide the Minister with the particulars the Minister requires about the Board’s activities.

148. The Board shall also provide the Minister with all particulars he requires concerning its activities. 1985, c. 34, s. 148; 1991, c. 74, s. 169.

Section 148Verify source

§ 149Section 149Provision

Source excerpt

The Auditor General must audit the Board’s books and accounts annually and whenever the Government orders it. The Government may designate another auditor. The resulting report must be submitted with the Board’s annual management report and financial statements, and with the financial statements of the Board’s compensation fund.

149. The Auditor General shall audit the books and accounts of the Board annually and whenever the Government so orders; but the Government may designate another auditor. The report of the Auditor General or of the auditor designated by the Government must be submitted with the Board’s annual management report and financial statements and the financial statements of the Board’s compensation fund. 1985, c. 34, s. 149; 1991, c. 74, s. 66, s. 169; 2005, c. 22, s. 36; 2022, c. 19, s. 60.

Section 149Verify source

§ 149.1Section 149.1Repeal

Source excerpt

Section 149.1 is repealed.

149.1. (Repealed). 2005, c. 22, s. 37; 2020, c. 5, s. 108.

Section 149.1Verify source

§ 150Section 150Provision

Source excerpt

The Board must finance its activities from the revenue it collects.

150. The Board shall finance its activities out of the revenue it collects. 1985, c. 34, s. 150; 1991, c. 74, s. 67; 2005, c. 22, s. 38.

Section 150Verify source

§ 151Section 151Amendment

Source excerpt

The Board must collect specified fees and other amounts related to licences, permits, inspections, approvals, penalties, and certain regulated activities.

151. The Board shall collect, in particular, the following amounts: (1) fees for issuing, amending or maintaining a licence; (2) registration fees, examination or evaluation fees relating to the issue or amendment of a licence and licence maintenance fees; (3) amounts demanded from each contractor or person holding a permit issued under section 37.1 as part of a levy based on a fixed amount determined by regulation of the Board or on an amount fixed by regulation on the basis of an indicator of the importance of the activities or performance of the contractor or permit holder or on the basis of two or all three of them; (4) amounts demanded from each owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, on the basis of a fixed levy as the Board may by regulation determine, or of an amount fixed by regulation of the Board and based on the area, volume, the number of floors, capacity or use of a building, facility intended for use by the public installation independent of a building or petroleum equipment installation, or on the basis of both; (5) amounts demanded from each owner or operator of a gas or petroleum product distribution undertaking on the basis of a levy based on an amount fixed by regulation of the Board and determined by regulation of the Board, or on an amount based on the volume of gas or petroleum products sold, or on the basis of both; (6) fees charged by the Board for approval, authorization, revision, inspection, training, consultation, issue of certificates of conformity, accreditation of persons recognized by the Board and verifications; (7) fees for issuing, amending or renewing a permit or certificate, and the related registration, examination or evaluation fees; (8) amounts from the monetary administrative penalties imposed. 1985, c. 34, s. 151; 1991, c. 74, s. 68, s. 169; 2005, c. 10, s. 57; 2005, c. 22, s. 39; 2019, c. 28, s. 16; 2024, c. 35, s. 30.

Section 151Verify source

§ 152Section 152Provision

Source excerpt

Sums collected and amounts recovered by the Board under this Act are part of its assets.

152. Sums collected and amounts recovered by the Board under this Act are part of its assets. 1985, c. 34, s. 152; 1991, c. 74, s. 69; 2005, c. 22, s. 40.

Section 152Verify source

§ 152.1Section 152.1Provision

Source excerpt

The Board must contribute to the Administrative Labour Tribunal Fund, except for proceedings referred to in section 129.11.1.

152.1. The Board shall contribute to the Administrative Labour Tribunal Fund established by section 97 of the Act to establish the Administrative Labour Tribunal (chapter T-15.1) to cover the expenses incurred by the Tribunal for proceedings brought before it under this Act, except those referred to in section 129.11.1. The amount of the contribution from the Board and the terms of payment are determined by the Government. 2006, c. 58, s. 55; 2015, c. 15, ss. 124 and 237.

Section 152.1Verify source

§ 153Section 153Provision

Source excerpt

The Board must set the levy annually for specified contractors and operators, index the levy rate each year using the Canada CPI, and publish indexation results in the Gazette officielle du Québec.

153. The Board shall annually fix the levy on contractors, on owners of buildings, facilities intended for use by the public, installations independent of buildings or petroleum equipment installations, on manufacturers of pressure installations and on owners or operators of gas or petroleum product distribution undertakings, according to the method of financing it has chosen. The rate of the levy shall thereafter be indexed annually according to the percentage increase in the average Consumer Price Index for Canada published by Statistics Canada under the Statistics Act (R.S.C. 1985, c. S-19), for the 12 months of the preceding year in relation to the 12 months of the year preceding that year. Where an annual average or the percentage calculated under the second paragraph, or the indexed rate of levy, includes more than two decimals, the first two decimals alone shall be retained and the second shall be increased by one unit if the third is equal to or greater than 5. The first paragraph does not apply if an annual rate of levy is equal to the indexed rate of levy pursuant to the second paragraph. The second and third paragraphs shall apply to any duties and fees payable under this Act. The Board shall publish in the Gazette officielle du Québec the results of any indexation carried out under this section. 1985, c. 34, s. 153; 1991, c. 74, s. 70, s. 169; 1998, c. 46, s. 40; 2005, c. 10, s. 58; 2019, c. 28, s. 17.

Section 153Verify source

§ 154Section 154Repeal

Source excerpt

Section 154 is repealed.

154. (Repealed). 1985, c. 34, s. 154; 1988, c. 64, s. 587; 1991, c. 74, s. 71.

Section 154Verify source

§ 155Section 155Provision

Source excerpt

The Board must apply the interest rate fixed under the Tax Administration Act from the claim’s due date.

155. For the purposes of this Act and the regulations, the Board shall apply the interest rate fixed pursuant to the first paragraph of section 28 of the Tax Administration Act (chapter A-6.002), as of the due date of the claim. For the purposes of computation of the interest, part of a month is deemed a full month. The interest shall be capitalized monthly. 1985, c. 34, s. 155; 1991, c. 74, s. 169; 1999, c. 40, s. 37; 2010, c. 31, s. 175; 2019, c. 28, s. 18.

Section 155Verify source

§ 155.1Section 155.1Provision

Source excerpt

The Board may not do certain borrowing, spending, or asset transactions without Government authorization.

155.1. The Board may not, without the Government’s authorization, (1) contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government; (2) make a financial commitment in excess of the limits or contrary to the conditions determined by the Government; (3) acquire or dispose of assets in excess of the limits or contrary to the conditions determined by the Government. 2005, c. 22, s. 41.

Section 155.1Verify source

§ 155.2Section 155.2Provision

Source excerpt

The Government may, on conditions it determines, guarantee Board loans and obligations and authorize the Minister of Finance to advance money to the Board.

155.2. The Government may, on the terms and conditions it determines, (1) guarantee the payment, in principal and interest, of any loan contracted by the Board and any of its obligations; (2) authorize the Minister of Finance to advance any amount to the Board that is considered necessary for the performance of its obligations or the pursuit of its mission. The sums required for the purposes of this section are taken out of the Consolidated Revenue Fund. 2005, c. 22, s. 41.

Section 155.2Verify source

§ 156Section 156Repeal

Source excerpt

Section 156 is repealed.

156. (Repealed). 1985, c. 34, s. 156; 1991, c. 74, s. 71.

Section 156Verify source

§ 157Section 157Repeal

Source excerpt

Section 157 is repealed.

157. (Repealed). 1985, c. 34, s. 157; 1991, c. 74, s. 71.

Section 157Verify source

§ 158Section 158Repeal

Source excerpt

Section 158 is repealed.

158. (Repealed). 1985, c. 34, s. 158; 1991, c. 74, s. 71.

Section 158Verify source

§ 159Section 159Provision

Source excerpt

The Board’s fiscal year ends on 31 March.

159. The Board’s fiscal year ends on 31 March. 1985, c. 34, s. 159; 1991, c. 74, s. 169.

Section 159Verify source

§ 159.1Section 159.1Offence

Source excerpt

The Board must develop and make public a general framework for applying monetary administrative penalties.

159.1. The Board shall develop and make public a general framework for applying monetary administrative penalties, specifying the following elements in particular: (1) the purposes of the penalties, such as urging a non-compliant person or partnership to rapidly take measures required to remedy the failure to comply and deter its repetition; (2) the categories of persons designated to impose penalties; (3) the criteria that must guide designated persons when a failure to comply has been ascertained, including the type of failure, its repetitive nature, the benefits derived from it, the seriousness of the harm or potential harm resulting from it and the measures taken by the person or partnership to remedy the failure; (4) the circumstances in which priority will be given to penal proceedings; and (5) the other procedures connected with such penalties, such as the fact that they must be preceded by notification of a notice of non-compliance. In addition, the general framework must set out the categories of administrative penalties or penal sanctions as defined by the Act or the regulations. 2024, c. 35, s. 31.

Section 159.1Verify source

§ 159.2Section 159.2Offence

Source excerpt

The Board may impose a monetary administrative penalty for non-compliance with the Act or the regulations, subject to the cases and conditions set out in them.

159.2. The Board may impose a monetary administrative penalty on anyone who fails to comply with this Act or the regulations, in the cases and on the conditions set out in them. 2024, c. 35, s. 31.

Section 159.2Verify source

§ 159.3Section 159.3Offence

Source excerpt

A monetary administrative penalty of $500 for a natural person, or $1,500 otherwise, may be imposed for certain failures to provide required documents or information, false or incomplete information, failure to report changes affecting licence-related information, omissions in required publicity or documents, or non-compliance with a remedial notice or suppletory measure.

159.3. A monetary administrative penalty of $500 in the case of a natural person and $1,500 in any other case may be imposed on anyone who (1) fails or refuses to send to the Board documents or information required for the application of this Act or the regulations; (2) provides erroneous information or incomplete documents required under this Act or the regulations; (3) fails to inform the Board of any change which makes the information provided to obtain or maintain his licence, permit, certificate or recognition inaccurate or incomplete; (4) fails to mention the information provided for in section 57.1, or any other information determined by regulation of the Board, in any form of publicity, or in estimates, tender bids, contracts, statements of account or any other documents determined by such a regulation; or (5) fails to comply with a remedial notice given under section 122 or contravenes a suppletory measure included in such a notice. 2024, c. 35, s. 31.

Section 159.3Verify source

§ 159.4Section 159.4Offence

Source excerpt

A monetary administrative penalty may be imposed for obstructing a Board representative or failing to follow a commissioner’s condition.

159.4. A monetary administrative penalty of $1,000 in the case of a natural person and $5,000 in any other case may be imposed on anyone who (1) prevents a person acting on behalf of the Board from exercising powers conferred on him by this Act or the regulations, impedes him or neglects to obey an order that such a person may give, in particular by refusing to give him access to a construction site, building, establishment, facility intended for use by the public, installation independent of a building, petroleum equipment installation or civil engineering structure, or by refusing to provide him with documents or information that the person is authorized to require under this Act; or (2) fails to comply with a condition imposed by a commissioner under the second paragraph of section 109.6. 2024, c. 35, s. 31.

Section 159.4Verify source

§ 159.5Section 159.5Amendment

Source excerpt

A monetary administrative penalty may be imposed on a person who misrepresents licensing status, uses an unlicensed contractor, carries on certain activities without required authorizations, or obstructs enforcement orders.

159.5. A monetary administrative penalty of $3,000 in the case of a natural person and $7,500 in any other case may be imposed on anyone who (1) acts as a building contractor or an owner-builder, holds himself to be such or gives cause to believe that he is a building contractor or an owner-builder when he does not hold a licence of the appropriate class or subclass, in contravention of the first paragraph of section 46 or section 48; (2) if he is a contractor, uses, for the carrying out of construction work, the services of another contractor who does not hold a licence of the appropriate class or subclass, in contravention of the second paragraph of section 46; (3) carries on an activity without obtaining a permit, certificate or recognition required under this Act, other than a licence, in particular under section 35.2, 37.1 or 86.8, as well as its renewal and amendment; or (4) fails to comply with an order made under section 123, 124 or 124.1 or in any way prevents or hinders its enforcement. 2024, c. 35, s. 31.

Section 159.5Verify source

§ 159.6Section 159.6Offence

Source excerpt

A monetary administrative penalty may be imposed for acting or holding oneself out as an unlicensed building contractor or owner-builder, or for a contractor using another unlicensed contractor’s services for construction work.

159.6. A monetary administrative penalty of $5,000 in the case of a natural person and $10,000 in any other case may be imposed on anyone who (1) acts as a building contractor or an owner-builder, holds himself to be such or gives cause to believe that he is a building contractor or an owner-builder when he does not hold a licence, in contravention of the first paragraph of section 46 or section 48; or (2) if he is a contractor, uses, for the carrying out of construction work, the services of another contractor who does not hold a licence, in contravention of the second paragraph of section 46. 2024, c. 35, s. 31.

Section 159.6Verify source

§ 159.7Section 159.7Offence

Source excerpt

The Board may make regulations identifying when non-compliance can lead to a monetary administrative penalty, and may set penalty conditions, amounts, or methods for calculating them.

159.7. The Board may, by regulation, specify the cases where a failure to comply with a provision of this Act or of a regulation of the Board may give rise to a monetary administrative penalty. The regulation may set out conditions for applying the penalty and prescribe the amounts or the methods for determining them. The amounts may vary according to the seriousness of the failure to comply, among other things. The amounts of the monetary administrative penalties prescribed under the first paragraph may not exceed the following amounts: (1) $5,000 in the case of a natural person; and (2) $10,000 in any other case. 2024, c. 35, s. 31.

Section 159.7Verify source

§ 159.8Section 159.8Offence

Source excerpt

A monetary administrative penalty cannot be imposed on a person or partnership if a statement of offence for the same provision, same day, and same facts has already been served.

159.8. No monetary administrative penalty may be imposed on a person or partnership for failure to comply with a provision of this Act or of the regulations if a statement of offence has already been served on the person or partnership for contravention of the same provision on the same day and based on the same facts. 2024, c. 35, s. 31.

Section 159.8Verify source

§ 159.9Section 159.9Offence

Source excerpt

A person or partnership cannot receive cumulative monetary administrative penalties for the same failure if it happened on the same day and on the same facts.

159.9. No accumulation of monetary administrative penalties may be imposed on the same person or partnership for failure to comply with the same provision if the failure occurs on the same day and is based on the same facts. In cases where more than one penalty would be applicable, the Board determines which penalty is most appropriate in light of the circumstances and the purposes of the penalties. 2024, c. 35, s. 31.

Section 159.9Verify source

§ 159.10Section 159.10Offence

Source excerpt

If a non-compliance continues for more than one day, it is treated as a new failure for each day it continues.

159.10. If a failure to comply for which a monetary administrative penalty may be imposed continues for more than one day, it constitutes a new failure for each day it continues. In particular, continuing, day after day, to carry on an activity without obtaining a licence, permit, certificate or recognition required under this Act constitutes, for anyone who does so, a new failure for each day this continues. 2024, c. 35, s. 31.

Section 159.10Verify source

§ 159.11Section 159.11Offence

Source excerpt

Before imposing a monetary administrative penalty, the Board must give the person or partnership in default a notice of non-compliance.

159.11. Before imposing a monetary administrative penalty, the Board shall notify a notice of non-compliance to the person or partnership in default informing the person or partnership of the failure in question and the possibility of submitting observations and, if applicable, producing any documents to complete the record. The notice shall urge the person or partnership to take the necessary measures to remedy the failure. The notice must mention that the failure may give rise to a monetary administrative penalty or penal proceedings. 2024, c. 35, s. 31.

Section 159.11Verify source

§ 159.12Section 159.12Offence

Source excerpt

A monetary administrative penalty for non-compliance with the Act or regulations must be imposed within two years from when the non-compliance is ascertained.

159.12. The imposition of a monetary administrative penalty for failure to comply with this Act or the regulations is prescribed by two years from the date on which the failure to comply is ascertained. 2024, c. 35, s. 31.

Section 159.12Verify source

§ 159.13Section 159.13Offence

Source excerpt

A notice of claim imposes a monetary administrative penalty on a person or partnership and must state the claim amount, reasons, interest start time, review rights, and the time limit for review.

159.13. A monetary administrative penalty is imposed on a person or partnership by the notification of a notice of claim. If a notice of claim applies to more than one debtor, the debtors are solidarily liable. The notice must state (1) the amount of the claim; (2) the reasons why the amount is owing; (3) the time from which it bears interest, in accordance with section 155; and (4) the right to obtain a review of the decision to impose the penalty and the time limit for exercising that right. The notice must also include information on the procedure for recovery of the amount claimed. The debtor is also informed that failure to pay the amount owing could result in an unfavourable decision concerning a licence, permit, certificate or recognition of a person or body and, if applicable, that the facts on which the claim is founded could also result in an order or in civil or penal proceedings. Notification of a notice of claim interrupts the prescription provided for in the Civil Code for the recovery of an amount owing. 2024, c. 35, s. 31.

Section 159.13Verify source

§ 159.14Section 159.14Offence

Source excerpt

A person fined by a monetary administrative penalty may apply in writing to the Board for review within 30 days after notice of claim notification.

159.14. Anyone on whom a monetary administrative penalty is imposed may apply, in writing, to the Board for review of the decision to impose a monetary administrative penalty within 30 days after the notification of the notice of claim. The application for review suspends the execution of the decision. However, the interest shall be accrued from the date provided for in subparagraph 3 of the third paragraph of section 159.13, subject to the application of the second paragraph of section 159.16. The persons responsible for the review must not come under the same administrative authority as the persons responsible for imposing such penalties. 2024, c. 35, s. 31.

Section 159.14Verify source

§ 159.15Section 159.15Provision

Source excerpt

A review application must be handled promptly.

159.15. The application for review must be dealt with promptly. After giving the applicant an opportunity to submit observations and, if applicable, produce any documents to complete the record, the person responsible for the review renders a decision on the basis of the record, unless he deems it necessary to proceed in some other manner. 2024, c. 35, s. 31.

Section 159.15Verify source

§ 159.16Section 159.16Provision

Source excerpt

The review decision must be written with reasons, notified to the applicant, and must tell the applicant how and when to contest it before the Administrative Labour Tribunal.

159.16. The review decision must be written in clear and concise terms with reasons given, must be notified to the applicant and must state the applicant’s right to contest the decision before the Administrative Labour Tribunal and the time limit for bringing such a proceeding. If the review decision is not rendered within 30 days of receipt of the application or, if applicable, of the time granted to the applicant to submit observations or produce documents, the interest provided for in section 155 on the amount owing ceases to accrue until the decision is rendered. 2024, c. 35, s. 31.

Section 159.16Verify source

§ 159.17Section 159.17Offence

Source excerpt

A person or partnership concerned may contest a review decision confirming a monetary administrative penalty within 30 days after notification.

159.17. A review decision that confirms the imposition of a monetary administrative penalty may be contested by the person or partnership concerned by the decision before the Administrative Labour Tribunal within 30 days of its notification. Such a proceeding suspends the execution of the decision. However, interest nevertheless accrues. Despite subparagraph 4 of the second paragraph of section 9 of the Act to establish the Administrative Labour Tribunal (chapter T-15.1), the Administrative Labour Tribunal may only confirm or quash a contested decision. At that time, the Tribunal may also rule on the accrued interest. 2024, c. 35, s. 31.

Section 159.17Verify source

§ 159.18Section 159.18Offence

Source excerpt

If a partnership or legal person defaults on a monetary administrative penalty, its officers are solidarily liable for payment unless they show due care and diligence to prevent the failure.

159.18. If a partnership or legal person has defaulted on payment of a monetary administrative penalty, its officers are solidarily liable, with the partnership or legal person, for payment of the penalty, unless they establish that they exercised due care and diligence to prevent the failure which led to the claim. 2024, c. 35, s. 31.

Section 159.18Verify source

§ 159.19Section 159.19Offence

Source excerpt

159.19. Payment of a monetary administrative penalty is secured by a legal hypothec on the debtor’s movable and immovable property. 2024, c. 35, s. 31.

Section 159.19Verify source

§ 159.20Section 159.20Offence

Source excerpt

The Board and the debtor may agree on payment of a monetary administrative penalty.

159.20. The Board and the debtor may enter into an agreement with regard to the payment of a monetary administrative penalty. The agreement or the payment of the penalty does not constitute, for the purposes of any other monetary administrative penalty or penal proceedings, an acknowledgement of the facts giving rise to it. 2024, c. 35, s. 31.

Section 159.20Verify source

§ 159.21Section 159.21Offence

Source excerpt

If a monetary administrative penalty is not paid in full or a payment agreement is not followed, the Board may issue a recovery certificate; it may do so earlier if it thinks the debtor is trying to evade payment.

159.21. If the monetary administrative penalty owing is not paid in its entirety or the payment agreement is not adhered to, the Board may issue a recovery certificate as of the date on which the decision imposing the penalty becomes final. However, the recovery certificate may be issued before that date if the Board is of the opinion that the debtor is attempting to evade payment. The recovery certificate states the debtor’s name and address and the amount of the debt. 2024, c. 35, s. 31.

Section 159.21Verify source

§ 159.22Section 159.22Provision

Source excerpt

After a recovery certificate is issued, the Minister of Revenue may withhold a debtor’s refund to pay the amount in the certificate.

159.22. Once a recovery certificate has been issued, any refund owed to a debtor by the Minister of Revenue may, in accordance with section 31 of the Tax Administration Act (chapter A-6.002), be withheld for payment of the amount referred to in the certificate. Such withholding interrupts the prescription provided for in the Civil Code with regard to the recovery of that amount. 2024, c. 35, s. 31.

Section 159.22Verify source

§ 159.23Section 159.23Provision

Source excerpt

When the recovery certificate is filed at the competent court office with a copy of the final decision stating the debt amount, the decision becomes enforceable like a final judgment of that court and has the same effects.

159.23. On the filing of the recovery certificate at the office of the competent court, together with a copy of the final decision stating the amount of the debt, the decision becomes enforceable as if it were a final judgment of that court not subject to appeal and has all the effects of such a judgment. 2024, c. 35, s. 31.

Section 159.23Verify source

§ 159.24Section 159.24Provision

Source excerpt

The debtor must pay a recovery charge when and as set by Board regulation.

159.24. The debtor is required to pay a recovery charge in the cases, under the conditions and in the amount determined by regulation of the Board. 2024, c. 35, s. 31.

Section 159.24Verify source

§ 159.25Section 159.25Provision

Source excerpt

The Board may, by agreement, delegate some or all recovery-related powers to a government department or a body.

159.25. The Board may, by agreement, delegate to a government department or to a body all or some of the powers relating to the recovery of an amount owing under this chapter. 2024, c. 35, s. 31.

Section 159.25Verify source

§ 159.26Section 159.26Offence

Source excerpt

The Board must keep a public register about monetary administrative penalties and include specified details about the penalty, the failure, the person or entity involved, and any related review or tribunal proceedings.

159.26. The Board keeps a public register of information related to monetary administrative penalties imposed under this Act or the regulations. The register must contain the following information: (1) the date the penalty was imposed; (2) the date and nature of the failure for which the penalty was imposed and the legislative and regulatory provisions under which it was imposed; (3) the name of the municipality in whose territory the failure is ascertained; (4) if the penalty was imposed on a partnership or legal person, its name, the address of its head office and, where applicable, the business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1); (5) if the penalty was imposed on a natural person, the person’s name, the name of the municipality in whose territory the person is domiciled, and (a) if the failure occurred during the ordinary course of business of the person’s enterprise, the enterprise’s name, its address and, where applicable, the business number assigned under the Act respecting the legal publicity of enterprises; or (b) if the natural person is a guarantor for or an officer of a partnership or legal person, the name of the partnership or legal person, the address of its head office and, where applicable, the business number assigned under the Act respecting the legal publicity of enterprises; (6) the amount of the penalty imposed; (7) if applicable, the date of receipt of an application for review and the date and conclusions of the Board’s decision; (8) if applicable, the date a proceeding was brought before the Administrative Labour Tribunal, and the date and conclusions of the Tribunal’s decision, as soon as the Board is made aware of the information; (9) if applicable, the date any proceeding was brought against the Administrative Labour Tribunal’s decision, the nature of the proceeding and the date and conclusions of the decision rendered by the court concerned, as soon as the Board is made aware of the information; and (10) any other public information the Board considers of public interest. The information is entered in the register as of the time the decision imposing the penalty becomes final. 2024, c. 35, s. 31.

Section 159.26Verify source

§ 160Section 160Amendment

Source excerpt

Any interested person may apply for review of certain rulings if no proceeding has been brought before the Administrative Labour Tribunal and the ruling was made under specified sections or concerns a licence decision.

160. Any interested person may apply for review of a ruling of the Board, of a mandatary Corporation referred to in section 129.3 or of a municipality referred to in section 132, where such ruling, in respect of which no proceeding has been brought before the Administrative Labour Tribunal, (1) was delivered under sections 84, 86.11, 123, 124, 124.1, 127, 128, 128.3 or 128.4; (2) involves the issue, amendment, suspension or cancellation of a licence. 1985, c. 34, s. 160; 1991, c. 74, s. 72; 1996, c. 74, s. 7; 1997, c. 43, s. 90; 1998, c. 46, s. 42; 2001, c. 26, s. 75; 2006, c. 58, s. 82; 2005, c. 22, s. 42; 2011, c. 35, s. 31; 2015, c. 15, s. 237; 2019, c. 28, s. 19.

Section 160Verify source

§ 161Section 161Provision

Source excerpt

161. An application for review of a ruling must be submitted to the Board, the Corporation or the municipality within 30 days of its date. 1985, c. 34, s. 161; 1991, c. 74, s. 169; 1998, c. 46, s. 43.

Section 161Verify source

§ 162Section 162Provision

Source excerpt

Before deciding on a review, the Board, the Corporation, or the municipality must let the interested party present observations.

162. The Board, the Corporation or the municipality shall, before deciding on the review, allow the interested party an opportunity to present observations. 1985, c. 34, s. 162; 1991, c. 74, s. 169; 1997, c. 43, s. 91; 1998, c. 46, s. 44.

Section 162Verify source

§ 163Section 163Provision

Source excerpt

The person who made the ruling under review may not review that ruling, except in specified cases.

163. The person who made the ruling under review may not himself review the ruling except in the case of the board of directors of the Board, a Corporation or the council of a municipality. 1985, c. 34, s. 163; 1991, c. 74, s. 169; 1998, c. 46, s. 45.

Section 163Verify source

§ 164Section 164Provision

Source excerpt

The Board, the Corporation, or the municipality may affirm, reverse, or vary the ruling under review.

164. The Board, the Corporation or the municipality may affirm, reverse or vary the ruling under review. 1985, c. 34, s. 164; 1991, c. 74, s. 169; 1998, c. 46, s. 46.

Section 164Verify source

§ 164.1Section 164.1Amendment

Source excerpt

Any interested person may contest certain licensing-related rulings, and some other rulings, before the Administrative Labour Tribunal.

164.1. Any interested person may contest before the Administrative Labour Tribunal (1) a ruling of the Board or of a mandatary Corporation referred to in section 129.3 where such ruling pertains to the issue, amendment, suspension or cancellation of a licence; and (2) a ruling of the Board or of a municipality referred to in section 132 made under section 84, 86.11, 123, 124, 124.1, 127, 128, 128.3 or 128.4. During such a proceeding, the Tribunal may decide any matter relating to the application of this Act. 1998, c. 46, s. 48; 2001, c. 26, s. 77; 2005, c. 22, s. 47; 2007, c. 3, s. 72; 2006, c. 58, s. 56; 2005, c. 22, s. 43; 2011, c. 35, s. 32; 2015, c. 15, s. 237; 2019, c. 28, s. 20.

Section 164.1Verify source

§ 164.2Section 164.2Provision

Source excerpt

A proceeding must be brought by motion served on the Board, the Corporation, or the municipality, and the motion must be filed with the Administrative Labour Tribunal within 30 days after the applicant receives the initial ruling or the ruling under review.

164.2. The proceeding shall be brought by a motion served on the Board, the Corporation or the municipality. The motion shall be filed with the Administrative Labour Tribunal within 30 days following receipt by the applicant of the initial ruling or, as the case may be, of the ruling under review of the Board, the Corporation or the municipality. 1998, c. 46, s. 48; 2001, c. 26, s. 78; 2006, c. 58, s. 57; 2015, c. 15, s. 237.

Section 164.2Verify source

§ 164.3Section 164.3Provision

Source excerpt

When the motion is served, the Board, Corporation, or municipality must send the file on the contested ruling to the Administrative Labour Tribunal.

164.3. Upon service of the motion, the Board, the Corporation or the municipality shall send the file relating to the contested ruling to the Administrative Labour Tribunal. 1998, c. 46, s. 48; 2001, c. 26, s. 79; 2006, c. 58, s. 57; 2015, c. 15, s. 237.

Section 164.3Verify source

§ 164.4Section 164.4Provision

Source excerpt

The Administrative Labour Tribunal must decide the file after giving the parties a chance to be heard, and it may allow new evidence in a proceeding contesting a Board ruling under section 124.1.

164.4. The Administrative Labour Tribunal shall deliver a ruling on the file sent by the Board, the Corporation or the municipality after giving the parties the opportunity to be heard. A proceeding to contest a ruling of the Board under section 124.1 is heard and decided by preference. Despite the first paragraph, the Administrative Labour Tribunal may allow the production of new evidence at such a proceeding. 1998, c. 46, s. 48; 2001, c. 26, s. 80; 2006, c. 58, s. 58; 2015, c. 15, s. 237; 2019, c. 28, s. 21.

Section 164.4Verify source

§ 164.5Section 164.5Provision

Source excerpt

Proceedings do not suspend enforcement of the Board’s, Corporation’s, or municipality’s ruling, unless the Administrative Labour Tribunal orders otherwise on a motion for urgency or serious and irreparable harm.

164.5. The proceedings shall not stay enforcement of the ruling of the Board, the Corporation or the municipality. The Administrative Labour Tribunal may, however, on a motion, rule otherwise by reason of urgency or of the risk of serious and irreparable harm. 1998, c. 46, s. 48; 2001, c. 26, s. 81; 2006, c. 58, s. 58; 2015, c. 15, s. 237.

Section 164.5Verify source

§ 165Section 165Repeal

Source excerpt

Section 165 is repealed.

165. (Repealed). 1985, c. 34, s. 165; 1988, c. 21, s. 66; 1991, c. 74, s. 73, s. 169; 1996, c. 74, s. 8; 1997, c. 43, s. 93; 1998, c. 46, s. 49; 2001, c. 26, s. 82.

Section 165Verify source

§ 166Section 166Repeal

Source excerpt

Section 166 is repealed.

166. (Repealed). 1985, c. 34, s. 166; 1988, c. 21, s. 66; 1991, c. 74, s. 74, s. 169; 1997, c. 43, s. 94; 2001, c. 26, s. 82.

Section 166Verify source

§ 167Section 167Repeal

Source excerpt

Section 167 is repealed.

167. (Repealed). 1985, c. 34, s. 167; 1988, c. 21, s. 66; 1991, c. 74, s. 75, s. 169; 1997, c. 43, s. 95; 2001, c. 26, s. 82.

Section 167Verify source

§ 168Section 168Repeal

Source excerpt

Section 168 is repealed.

168. (Repealed). 1985, c. 34, s. 168; 1991, c. 74, s. 76.

Section 168Verify source

§ 169Section 169Repeal

Source excerpt

Section 169 is repealed.

169. (Repealed). 1985, c. 34, s. 169; 1991, c. 74, s. 77; 2001, c. 26, s. 82.

Section 169Verify source

§ 170Section 170Repeal

Source excerpt

Section 170 is repealed.

170. (Repealed). 1985, c. 34, s. 170; 1991, c. 74, s. 169; 1997, c. 43, s. 96; 1998, c. 46, s. 50; 1991, c. 74, s. 78; 1998, c. 46, s. 125; 2001, c. 26, s. 82.

Section 170Verify source

§ 171Section 171Repeal

Source excerpt

Section 171 is repealed.

171. (Repealed). 1985, c. 34, s. 171; 1988, c. 21, s. 66; 1991, c. 74, s. 79; 2001, c. 26, s. 82.

Section 171Verify source

§ 172Section 172Repeal

Source excerpt

Section 172 is repealed.

172. (Repealed). 1985, c. 34, s. 172; 1988, c. 21, s. 66, s. 68; 1991, c. 74, s. 79; 1997, c. 43, s. 97; 2001, c. 26, s. 82.

Section 172Verify source

§ 173Section 173Repeal

Source excerpt

The Board must adopt a building code by regulation.

173. The Board shall by regulation adopt a building code. The code shall contain building standards for buildings, facilities intended for use by the public, installations independent of a building and petroleum equipment installations or their vicinity. The code may contain, in particular, building standards regarding the following matters: (1) the design and procedures for the construction of buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations; (2) fire and accident prevention and protection; (3) the safety and strength of buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations; (4) the hygiene of buildings; (5) ease of access to buildings and facilities intended for use by the public; (6) the energy efficiency of buildings; (7) materials, appliances or equipment to be used or prohibited in buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations; (8) the quality, assembly, erection, inspection, certification, approval, quantity, site and tests of materials, facilities, apparatus and installations; (9) the transportation by pipeline and the storage, handling, transfer and distribution of gas or petroleum products; (10) (subparagraph repealed). The standards may include measures advocated by the Government to promote energy efficiency in buildings, facilities intended for use by the public, installations independent of a building and petroleum equipment installations. 1985, c. 34, s. 173; 1991, c. 74, s. 80; 2005, c. 10, s. 59; 2010, c. 28, s. 17; 2019, c. 28, s. 22.

Section 173Verify source

§ 174Section 174Provision

Source excerpt

The Construction Code may specify when a contractor, architect, or engineer may depart from energy-efficiency standards for a building if a person planning a single-family dwelling requests different specifications in writing.

174. The Construction Code (chapter B-1.1, r. 2) may specify the cases in which a contractor, an architect or an engineer may depart from the standards regarding the energy efficiency of a building where a natural person wishing to build a single-family dwelling requests different specifications in writing. 1985, c. 34, s. 174; 2019, c. 28, s. 23.

Section 174Verify source

§ 175Section 175Provision

Source excerpt

The Board must adopt a safety code by regulation.

175. The Board shall by regulation adopt a safety code. The code shall contain safety standards for buildings, facilities intended for use by the public, installations independent of a building and petroleum equipment installations and their vicinity, and standards for their maintenance, use, state of repair, operation and hygiene. The code may contain standards regarding the following matters in particular: (1) fire and accident prevention and protection; (2) the maximum number of persons that may be admitted to a building or to a facility intended for use by the public; (3) the supervision measures required and the qualifications of the persons who are to carry them out; (4) materials, apparatus and equipment to be used or prohibited in buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations; (5) the assembly, erection, inspection, certification, approval, quantity, site and tests of materials, facilities, apparatus and installations; (6) the use, display and storage of substances involving safety hazards; (7) the transportation by pipeline and the storage, handling, transfer and distribution of gas or petroleum products. 1985, c. 34, s. 175; 1991, c. 74, s. 81; 2005, c. 10, s. 60; 2019, c. 28, s. 24.

Section 175Verify source

§ 176Section 176Provision

Source excerpt

The codes may require manufacturers to provide instructions for assembling, erecting, maintaining, and inspecting materials, facilities, and installations.

176. The codes may require manufacturers to provide instructions regarding the assembly, erection, maintenance and inspection of materials, facilities and installations. 1985, c. 34, s. 176.

Section 176Verify source

§ 176.1Section 176.1Provision

Source excerpt

A code may include provisions about the subjects listed in section 185, for the matters it applies to.

176.1. A code may, with respect to the matters to which it applies, contain provisions concerning the subjects listed in section 185. 1998, c. 46, s. 51.

Section 176.1Verify source

§ 177Section 177Provision

Source excerpt

177. The codes may provide for a person or body to certify or approve work carried out in accordance with a standard, the persons qualified to carry out such work, and the materials, equipment, appliances or installations covered by the

Section 177Verify source

§ 178Section 178Provision

Source excerpt

The codes may require compliance with a technical standard made by another government or an empowered agency.

178. The codes may require observance of a technical standard drawn up by another government or by an agency empowered to draw up such standards. They may also provide that any reference they make to other standards include subsequent amendments. 1985, c. 34, s. 178; 1991, c. 74, s. 83.

Section 178Verify source

§ 179Section 179Offence

Source excerpt

The Board may determine which code provisions, if infringed, constitute an offence under section 194, paragraph 7.

179. The Board may determine the provisions of a code of which the infringement shall constitute an offence under paragraph 7 of section 194. 1985, c. 34, s. 179; 1991, c. 74, s. 84.

Section 179Verify source

§ 180Section 180Repeal

Source excerpt

Section 180 is repealed.

180. (Repealed). 1985, c. 34, s. 180; 1991, c. 74, s. 85.

Section 180Verify source

§ 181Section 181Repeal

Source excerpt

Section 181 is repealed.

181. (Repealed). 1985, c. 34, s. 181; 1991, c. 74, s. 85.

Section 181Verify source

§ 182Section 182Repeal

Source excerpt

The Government may make regulations under this section.

182. The Government may, by regulation, (1) (subparagraph repealed); (2) exempt from the total or partial application of this Act all or part of the territory of Québec described in the agreements referred to in section 4, with the exception of municipal territories located south of the 50th parallel; (3) determine the extent to which the Government, its departments and agencies that are mandataries of the State are bound by this Act; (4) (subparagraph repealed); (5) (subparagraph repealed); (6) determine the maximum fees payable by a person wishing to obtain a permit or certificate of occupancy of an immovable under section 134; (6.1) determine a procedure for the apportionment, between the Board and the mandatary Corporation referred to in section 129.3, of the dues and fees payable by a contractor that is required to transmit to the mandatary Corporation an application for the issue or amendment of a licence, for an examination or any other means of evaluation and for the review of a ruling that pertains to the issue, amendment, suspension or cancellation of a licence and of licence maintenance fees; (6.2) determine the administrative and financial procedures applicable to the Board and to the mandatary Corporation for the management, administration, transfer and updating of the records of a contractor holding licences; (7) adopt, generally, any other related or suppletory provision it judges necessary to give effect to the provisions of this section and of this Act; (8) prescribe, with regard to certain categories of persons and contractors, adjustments to the provisions of this Act and the regulations, including regulations adopted by the Board, to give effect to an intergovernmental agreement in respect of the mobility of building contractors or the recognition of their qualifications, skills or work experience, as well as special management rules; (9) take any necessary measures to carry out Division I.1 of Chapter I, such as providing for any modifications to be applied to an existing Act or statutory instrument to take the existence of an agreement into account. A regulation under subparagraph 8 of the first paragraph is not subject to the requirements as to publication and the date of coming into force set out in sections 8 and 17 of the Regulations Act (chapter R-18.1). 1985, c. 34, s. 182; 1991, c. 74, s. 86; 1996, c. 2, s. 86; 1996, c. 74, s. 9; 1998, c. 46, s. 52; 1999, c. 13, s. 3; 1999, c. 40, s. 37; 2005, c. 22, s. 47; 2005, c. 10, s. 61; 2005, c. 22, s. 44; 2010, c. 28, s. 18; 2014, c. 18, s. 3.

Section 182Verify source

§ 183Section 183Provision

Source excerpt

Section 183 is marked “Replaced.”

183. (Replaced). 1985, c. 34, s. 183; 1991, c. 74, s. 86.

Section 183Verify source

§ 184Section 184Provision

Source excerpt

184. (Replaced). 1985, c. 34, s. 184; 1991, c. 74, s. 86.

Section 184Verify source

§ 185Section 185Repeal

Source excerpt

185. The Board may, by regulation: (0.1) exempt from the application of this Act or certain of its provisions categories of persons, contractors, owner-builders, manufacturers of pressure installations, or owners of buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations, and categories of buildings, pressure installations, facilities, installations or construction work; (0.1.1) determine the cases in which a public body or a category of public bodies may act as a contractor, and the terms and conditions to be complied with; (0.2) for the purposes of section 10, designate any facility as a facility intended for use by the public and establish criteria for determining whether or not a facility is intended for use by the public; (0.3) exclude a category of buildings from the application of Chapter III; (0.4) determine standards for the energy efficiency of buildings; (1) determine the cases in which, by reason of problems related to performance in the carrying out of construction work, the particular, complex or exceptional nature of the construction work carried out or its impact on safety, the contractor or the owner-builder must furnish a certificate of conformity with the Construction Code (chapter B-1.1, r. 2) to the Board, and the form and content of such a certificate; (2) (subparagraph replaced); (2.1) determine the conditions for recognizing a person or body for the purposes of sections 16, 17.4, 33 to 35, 37.4 and 86.12, the terms and conditions a recognized person or body must comply with and all the duties they may perform; (2.1.1) prescribe in what cases and on what terms and conditions the members of a professional order are, by virtue of their status, recognized to exercise the functions of a recognized person for the purposes of sections 16, 17.4, 33 to 35 and 37.4; (2.2) determine the cases in which it is prohibited to sell, lease, exchange or purchase a prefabricated building, and the persons, bodies or agencies empowered to approve or certify such buildings; (2.3) (subparagraph repealed); (3) determine the cases in which construction work must be reported to the Board, the time, form and manner according to which the report must be forwarded by the persons referred to in sections 22 and 37.2 and the conditions that they must fulfill; (4) (subparagraph repealed); (5) determine the cases in which the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation must furnish a certificate of conformity with the Safety Code (chapter B-1.1, r. 3), and the form and content of such a certificate; (5.0.1) determine the cases in which the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation who has implemented a quality control program may be exempted from furnishing a certificate of conformity, and, if warranted, determine conditions for the approval of such a program by the Board or a person or body recognized by the Board; (5.1) establish the conditions and the manner according to which a permit referred to in sections 35.2 and 37.1 is issued, amended or renewed, its period of validity and, if warranted, the cases in which obtaining such a permit is tied to the implementation of a quality control program, and the conditions and procedure for the approval of such a program by the Board or a person or body recognized by the Board; (5.2) fix the fees payable for the issue, amendment or renewal of a permit by a person referred to in sections 35.2 and 37.1 and the related registration, examination or evaluation fees; (5.3) adopt standards of design, manufacture, installation, repair, modification and use of a pressure installation; (5.4) adopt standards of approval, registration and suitability of a method of welding a pressure installation, including the qualifications required of a person carrying out welding work on such an installation; (5.5) determine the cases and the manner in which the conformity of a pressure installation is to be evaluated at the different stages of its design, manufacture, installation, repair, modification, operation or use and at the time of its marketing and commissioning, as well as the notices, information or documents to be sent or recorded in a register, the inspections or verifications to be carried out, the authorizations to be obtained and the statements, declarations, approvals or certificates of conformity required, and designate persons or bodies to carry out such an evaluation of conformity or to issue any approval or certificate required under sections 37 to 37.4; (6) (subparagraph repealed); (6.1) prescribe safety standards for the use of a container that contains gas or a petroleum product and is mounted on a vehicle that are applicable when the vehicle is stationary, and safety standards for the transfer, storage and distribution of the gas or petroleum product contained in the container; (6.2) prohibit the sale, lease or exhibiting of materials or accessories which are not certified or approved for purposes of use in construction work on buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations by a recognized person or body the Board designates; (6.3) prohibit the sale, lease or exhibition of apparatus intended to be supplied from or to supply an electrical installation, used in a plumbing installation or petroleum equipment installation or intended to use gas, where the apparatus is not certified or approved by a recognized person or body the Board designates; (6.4) determine the cases in which and the place where a permit referred to in sections 35.2 and 37.1 must be posted; (7) determine the cases in which a contractor or owner-builder must obtain plans and specifications before construction work begins or final plans and specifications when the work is completed, in accordance with section 17.4, and the other obligations, terms and conditions relating to those plans and specifications, in particular to their form, content, conservation and delivery; (8) determine the information to be provided by a licence holder to enable the Board to verify if the holder still meets the requirements for obtaining a licence under this Act; (9) determine subjects for examination, particularly those concerning administrative or technical knowledge or relating to the safety of construction sites, and determine the criteria for admission to and exemption from an examination; (9.1) determine the continuing education requirements, or the framework for continuing education requirements, with which all or certain guarantors must comply, in accordance with the conditions set by resolution of the Board; the regulation must include the procedure for monitoring, supervising or evaluating compliance with the requirements, penalties for a failure to comply and, if applicable, any exemptions from the requirements; (9.2) prescribe that documents required under this Act or a regulation must be sent or received using the medium, technology or method of transmission specified in the regulation; (9.3) determine the cases in which it will charge fees for recognizing training or a training program provided by a third person; (10) determine the conditions and criteria of solvability and any other qualifications that a natural person applying for a licence for himself or who wishes to qualify as a guarantor for a partnership or legal person must possess, as well as any other conditions that he must fulfill and any particulars that he must provide; (11) determine the conditions and criteria of solvability and any other qualifications that a partnership or person applying for the issue of a licence must possess, as well as any other conditions that they must fulfill and any particulars that they must provide; (11.1) determine the nature, coverage and other terms of liability insurance a natural person, partnership or legal person applying for a licence must hold; (11.2) require each natural person who wishes to qualify as a guarantor for the same licence to sign the licence application; (12) determine the cases where a person other than an officer may be a guarantor; (13) permit a natural person to be a guarantor for more than one licence; (14) permit a natural person to hold a licence while applying for a licence on behalf of a partnership or legal person; (15) determine the cases where a partnership or person may hold more than one licence; (16) determine the terms and conditions and set the fees payable for the issue, amendment or maintenance of a licence, and determine in what cases and at what intervals it will charge such fees; (16.1) determine, for the purposes of section 65.2.1, the oversight and monitoring measures applicable to the holder of a restricted licence and determine the cases, conditions, period and manner—including the sanctions for non-compliance—in which these measures apply to such a licence holder, who must in all cases assume the expenses; (17) determine classes and subclasses of licences and the fees payable for each class or subclass, and determine in what cases and at what intervals it will charge such fees; (17.1) determine the other documents on which the information provided for in section 57.1 must appear, and any other information that the licence holder must include in any document; Not in force (17.2) determine any information to be entered in the public register, in accordance with subparagraph 9 of the first paragraph of section 66; (18) determine in what cases it will charge registration fees, examination or evaluation fees for the issue or amendment of a licence or licence maintenance fees, and set the fees; (18.1) (subparagraph repealed); (19) limit the classes or subclasses of construction work that an owner-builder may carry out or cause to be carried out on an electrical installation, installation intended to use gas, petroleum equipment installation or plumbing installation; (19.1) (subparagraph repealed); (19.2) (subparagraph repealed); (19.3) oblige any contractor to join a guaranty plan concerning a new residential building of a category determined by the Board or concerning renovation, repair, maintenance or alteration work on a building, on a civil engineering structure, on facilities or on installations; (19.4) determine the cases, terms and conditions applicable to the guaranty offered under a plan, and in particular (a) the legal and contractual obligations of the contractor, including any exceptions to the Construction Code which may be subject to compensation; (b) the amount of deductible for each claim; (c) the minimum amount of compensation according to the nature of the construction work; (19.5) determine the qualifications required of a person referred to in section 81 or section 82, the conditions he must fulfill and the information he must supply, and in particular (0.a) prescribe the governance rules applicable to a non-profit legal person designated by the Board to act as manager, including rules as to the composition of its board of directors and as to the content of its internal by-laws, which by-laws must be approved by the Board; (a) fix the standards of solvency the person must meet; (b) demand security from that person, prescribe its amount and form and prescribe the terms and conditions applicable to the collection, payment and use of such a security; (c) determine the amount of the reserves the person must maintain to guarantee the obligations arising from the guaranty plan; (c.1) determine the amount that the person must pay into the guaranty fund; (d) determine the financial statements the person must file with the Board and prescribe their form and content; (e) determine the investments the person is authorized to make; (f) (subparagraph repealed); (g) determine the measures to be taken by the person to ensure the confidential nature of information furnished by a contractor; (h) prescribe the information which the person is required to furnish to the Board; (i) determine the management policies established by the Board that the manager of a guaranty plan must comply with to ensure the implementation of the plan, and the method of publication of these policies; (19.5.1) determine how the guaranty fund is to be managed, and in particular (a) prescribe the amount and form of required contributions and prescribe how and when they are to be collected and paid as well as how they are to be administered and used; (b) determine the target amount to be accumulated in the fund; (19.5.2) (paragraph repealed); (19.6) establish the standards and criteria which apply to guaranty plans and guaranty contracts, and in particular (a) the terms and conditions according to which a contractor may join a guaranty plan; (b) the cost payable by a contractor to provide coverage to a person under the plan; (c) the standards of disclosure of information relating to the guaranty plan; (d) the arbitration procedure allowing a person to contest a decision of the manager concerning a claim and allowing a contractor to contest a decision of the manager refusing or cancelling his participation in the plan; (e) the form, minimum content and manner of delivering a guaranty contract; (19.7) determine the cases in which it shall require security from a contractor for the purposes of section 84, and determine the terms and conditions applicable to, the amount and form of, and the manner of disposing of the security; (19.8) determine the cases in which a natural person is required to obtain a certificate referred to in section 86.8 to act as a building inspector, and the terms and conditions the holder of the certificate must comply with, including the rules regarding continuing education and technical standards; (19.9) determine the terms and conditions for the issue, amendment or renewal of a certificate referred to in section 86.8, its period of validity, the fees payable for its issue, amendment or renewal, and the related registration, examination or evaluation fees, and determine in what cases and at what intervals it will charge such fees; (19.9.1) determine the cases in which a person who acquires a building is required to have it inspected prior to purchase by a building inspector who holds a certificate referred to in section 86.8, as well as the terms and conditions of that requirement; (19.10) establish a public register of the main problems observed by certified building inspectors in the performance of their duties and determine its form and content and the other terms applicable to it; (20) determine the cases in which it shall collect fees for approval, authorization, revision, inspection, training, consultation, issuance of certificates of conformity, accreditation of recognized persons or bodies, and verifications, and fix such fees; (21) determine an indicator of the importance of the activities or performance of a contractor or holder of a licence issued under section 37.1 which may be used as a basis for a levy, establish a fixed amount or an amount based on that indicator or both or all three, and determine the minimum and maximum of that indicator for a contractor or licence holder to be subject to the levy; (22) set, for the determining of the levy payable by each owner or operator of a gas or petroleum product distribution undertaking, a fixed amount or an amount in relation to the volume of gas or petroleum products sold or both together, and determine the period for which the levy is payable by each owner or operator, define what constitutes the volume of gas or petroleum products sold and determine the maximum thereof; (23) set, for the determining of the levy payable by each owner, a fixed amount or an amount depending on the area, volume, number of floors, capacity, use or real estate assessment of the building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, or both together, as well as determine the period for which the levy is to be payable by each owner, and to define what constitutes the area, the number of floors, the capacity or the volume of the building, facility or installation, determine the maximum thereof and determine such amount in relation to their use; (24) prescribe, for the purposes of subparagraphs 21 and 22, the form and content of the report to be forwarded by a contractor, a person holding a permit issued under section 37.1 or the owner or operator of a gas or petroleum product distribution undertaking, as well as the time limit within which it must be forwarded; (25) prescribe, for the purposes of subparagraph 23, the form and content of the report to be forwarded by the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation, as well as the time limit within which it must be forwarded; (26) prescribe the time limit within which a contractor or person holding a permit issued under section 37.1 is required to transmit to the Board an estimate of the indicator of importance of the activities or performance used as the basis for a levy for each period it determines; (27) set a time limit within which an owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation shall forward to it, for each such construction, an estimate of the area, volume, number of floors, capacity or use of each, as well as the time limit within which the owner shall inform it of any material alteration of the building, facility or installation; (28) set a time limit within which the owner or operator of a gas or petroleum product distribution undertaking shall forward to it an estimate of the volume of gas or petroleum products sold for each period it may determine; (29) prescribe the form and content of the annual statement that a contractor, a person holding a permit issued under section 37.1 or the owner or operator of a gas or petroleum product distribution undertaking must forward to it; (30) prescribe the form and content of the annual statement that the owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation must forward to it; (31) prescribe the form, content and manner of forwarding of the register of activities used as a basis for a levy that each contractor or person holding a permit issued under section 37.1 must place at its disposal; (32) prescribe the form, content, terms and conditions for forwarding the gas or petroleum product sales register that each owner or operator of a gas or petroleum product distribution undertaking must place at its disposal; (33) prescribe the form, content and manner of forwarding of the register of buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations that each owner must place at its disposal; (34) determine the cases where it may enter into an agreement with a contractor, a person holding a permit issued under section 37.1 or the owner or operator of a gas or petroleum product distribution undertaking in order to assess him more than once annually and set, for that purpose, any special conditions for the forwarding of the report under subparagraph 24 and the payment of the levy under paragraph 3 or 5 of section 151; (35) determine the cases where it may enter into an agreement with an owner in order to assess him more than once annually and set, for that purpose, subparagraph 25 and the payment of the levy under any special conditions for the forwarding of the reports under paragraph 4 of section 151; (36) set the time limit and the manner of payment of the levy payable by each contractor, each person holding a permit issued under section 37.1, each owner of a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation and each owner or operator of a gas or petroleum product distribution undertaking; (36.1) determine the rules of professional ethics applicable to contractors and owner-builders, together with sanctions; (36.2) determine the rules of procedure applicable to the exercise of the functions of the commissioner; (36.3) specify the cases where failure to comply with a provision of this Act or a regulation of the Board may give rise to a monetary administrative penalty, set out the conditions for applying the penalty and determine the amounts or the methods for determining them. The amounts may vary according to the seriousness of the failure to comply, among other things; (36.4) determine the cases in which and the conditions under which the debtor of a monetary administrative penalty is required to pay a recovery charge, and determine the amount of the charge; (37) determine the provisions of a regulation adopted under this section of which the infringement shall constitute an offence under paragraph 7 of section 194, with the exception of provisions adopted under subparagraphs 5.2, 18, 18.1, 20 and 36.1 and under subparagraphs 16 and 17 with respect to fees payable; (38) adopt, generally, any other related or suppletory provision it considered necessary to give effect to the provisions of this section and of this Act. 1985, c. 34, s. 185; 1991, c. 74, s. 87, s. 169; 1995, c. 58, s. 8; 1996, c. 74, s. 10; 1997, c. 64, s. 15; 1998, c. 46, s. 53; 1999, c. 40, s. 37; 2005, c. 22, s. 45, s. 47; 2005, c. 10, s. 62; 2005, c. 22, s. 45; 2010, c. 28, s. 19; 2011, c. 35, s. 33; 2018, c. 13, s. 33; 2019, c. 28, s. 25; 2021, c. 31, s. 44; 2024, c. 35, s. 35.

Section 185Verify source

§ 186Section 186Repeal

Source excerpt

Section 186 is repealed.

186. (Repealed). 1985, c. 34, s. 186; 1991, c. 74, s. 88.

Section 186Verify source

§ 187Section 187Repeal

Source excerpt

Section 187 is repealed.

187. (Repealed). 1985, c. 34, s. 187; 1991, c. 74, s. 88.

Section 187Verify source

§ 188Section 188Repeal

Source excerpt

Section 188 is repealed.

188. (Repealed). 1985, c. 34, s. 188; 1991, c. 74, s. 88.

Section 188Verify source

§ 189Section 189Amendment

Source excerpt

The Government may approve any code or regulation of the Board, with or without amendment.

189. Every code or regulation of the Board is subject to approval by the Government which may approve it with or without amendment. 1985, c. 34, s. 189; 1991, c. 74, s. 89.

Section 189Verify source

§ 190Section 190Repeal

Source excerpt

Section 190 is repealed.

190. (Repealed). 1985, c. 34, s. 190; 1991, c. 74, s. 90.

Section 190Verify source

§ 191Section 191Provision

Source excerpt

A code or regulation may include standards specific to the territory covered by section 4.

191. A code or regulation may include standards that are specific to the territory covered by section 4. 1985, c. 34, s. 191.

Section 191Verify source

§ 192Section 192Provision

Source excerpt

The contents of the codes or regulations may vary for different classes of persons and specified buildings, installations, and undertakings.

192. The contents of the codes or regulations may vary according to the classes of persons, contractors, owner-builders, manufacturers of pressure installations, owners of buildings, facilities intended for use by the public, installations independent of a building or petroleum equipment installations, owners or operators of gas or petroleum product distribution undertakings and classes of buildings, pressure installations, facilities or installations to which the codes or regulations apply. The contents of the codes and regulations may, in particular, vary to facilitate the recognition of the qualifications, skills or work experience of the building contractors covered by an intergovernmental agreement in respect of mobility or the recognition of such qualifications, skills or work experience. 1985, c. 34, s. 192; 1991, c. 74, s. 91; 1996, c. 74, s. 11; 1998, c. 46, s. 54; 2005, c. 10, s. 63.

Section 192Verify source

§ 193Section 193Provision

Source excerpt

Local municipalities and regional county municipalities cannot make by-laws setting standards identical or equivalent to the Construction Code or certain regulations, or narrowing their scope; they may set standards identical to or stricter than the Safety Code.

193. No by-law of a local municipality or regional county municipality dealing with any matter already covered by the Construction Code (chapter B-1.1, r. 2) or a regulation under section 182 or 185 may set standards that are identical or equivalent to those of that Code or regulation or that restrict their scope or application. A local municipality or a regional county municipality may, however, set standards that are identical to or more stringent than those of the Safety Code (chapter B-1.1, r. 3). 1985, c. 34, s. 193; 1990, c. 85, s. 122; 1991, c. 74, s. 92; 2000, c. 56, s. 218; 2010, c. 28, s. 20.

Section 193Verify source

§ 194Section 194Offence

Source excerpt

Section 194 makes a range of conduct an offence, including false statements, false or improper use of prescribed documents or licences, obstructing Board-related work, unsafe alterations, unauthorized utility/equipment connections, and breaches of listed provisions.

194. It shall be an offence to: (1) make a false statement or fail to provide information in order to obtain a licence; (2) make a false statement in a document prescribed by this Act or the regulations or knowingly use such a document; (3) omit or refuse to produce or sign a certificate of conformity, strength or safety, produce or sign a certificate which is inaccurate, or produce or sign a certificate knowing that it contains false or inaccurate information; (4) hinder or attempt to hinder the work of a person acting on behalf of the Board or obstruct him in the exercise of his duties in any way, in particular by exercising undue pressure on him, using intimidation or threats, misleading him by concealment or false declarations, refusing him access to a construction site, a building, an establishment, a facility intended for use by the public, an installation independent of a building, a petroleum equipment installation or a civil engineering structure, or refusing to provide information or documents that the person is empowered to require under this Act; (5) use the name of another person with a licence or use his licence number to carry out construction work; (6) alter a building, facility intended for use by the public, installation independent of a building or petroleum equipment installation in such a way that the risk of accident or fire is increased, or a safety measure prescribed by the Safety Code (chapter B-1.1, r. 3) diminished; (6.1) connect or supply an electrical installation, an installation intended to use gas or a petroleum equipment installation, without obtaining the authorization of the Board in accordance with section 119 or 120; (6.2) contravene a suppletory measure required under section 122; (7) contravene any of the provisions of sections 14, 15, the first, second and third paragraphs of section 16, sections 18, 19, 22, the first paragraphs of sections 24 and 25, sections 26, 27, 32 to 35, the third paragraph of section 35.2, sections 36, 37, 37.2, 38.1, 39, the second paragraph of section 49, section 53, the second paragraph of section 56, sections 57.1, 67, 69, 76.1, 79 or 82, or a regulatory provision determined under section 179 or paragraph 37 of section 185. 1985, c. 34, s. 194; 1991, c. 74, s. 93, s. 169; 1998, c. 46, s. 55; 1991, c. 74, s. 93; 2005, c. 10, s. 64; 2010, c. 28, s. 21; 2018, c. 13, s. 34; 2024, c. 35, s. 36. The provisions of subparagraph 7 are in force except insofar as it refers to the second and third paragraphs of section 16 of the Building Act (chapter B-1.1). See 2024, c. 35, s. 68.

Section 194Verify source

§ 195Section 195Repeal

Source excerpt

Section 195 is repealed.

195. (Repealed). 1985, c. 34, s. 195; 1991, c. 74, s. 94.

Section 195Verify source

§ 196Section 196Offence

Source excerpt

Offences under section 194 are punishable by fines, with different ranges for individuals and legal persons, and higher fines for second and later convictions, subject to sections 196.1 and 196.1.1.

196. Subject to sections 196.1 and 196.1.1, any offence under section 194 is punishable with a fine of $1,411 to $7,051 where the offender is an individual and $4,227 to $21,149 in the case of a legal person. On a second conviction, the offender is liable to a fine of $2,820 to $8,459, in the case of an individual, and $8,459 to $42,292 in the case of a legal person. On any additional subsequent conviction, the offender is punishable with a fine of $8,459 to $25,375 where he is an individual or $25,375 to $126,880 in the case of a legal person. 1985, c. 34, s. 196; 1990, c. 4, s. 99; 1991, c. 74, s. 95; 2005, c. 22, s. 47; 2009, c. 57, s. 7; 2011, c. 35, s. 34. See notice of indexation; (2025) 157 G.O. 1, 634.

Section 196Verify source

§ 196.1Section 196.1Provision

Source excerpt

A person who contravenes section 194, paragraph 1 or 2, is liable to a fine; higher fines apply after second and later convictions.

196.1. Any person who contravenes paragraph 1 or 2 of section 194 is liable to a fine of $3,523 to $17,623 in the case of an individual and $10,572 to $52,868 in the case of a legal person. On a second conviction, the minimum and maximum fines are doubled; on any subsequent conviction, they are tripled. 2009, c. 57, s. 8; 2011, c. 35, s. 35. See notice of indexation; (2025) 157 G.O. 1, 634.

Section 196.1Verify source

§ 196.1.1Section 196.1.1Provision

Source excerpt

A person who contravenes the specified provisions is liable to a fine, with higher ranges for individuals and legal persons.

196.1.1. Any person who contravenes the second paragraph of section 56 or paragraph 5 of section 194 is liable to a fine of $14,098 to $105,734 in the case of an individual and $42,292 to $211,465 in the case of a legal person. On a second conviction, the minimum and maximum fines are doubled; on any subsequent conviction, they are tripled. 2011, c. 35, s. 36; 2024, c. 35, s. 37. See notice of indexation; (2025) 157 G.O. 1, 634.

Section 196.1.1Verify source

§ 196.2Section 196.2Offence

Source excerpt

An owner-builder or contractor who is party to a money-loan contract may be fined if the lender fails to provide required statements or if the borrower knows the lender or an officer was convicted of specified offences within the prior five years and has not been pardoned.

196.2. An owner-builder or contractor who is a party to a contract for the loan of money even though the lender refuses or fails to provide the statement required under subparagraph 8.2 of the first paragraph of section 58 or subparagraph 8 of the first paragraph of section 60 or even though he is aware that the lender or one of his officers was found guilty, in the five years preceding the loan, of an offence or indictable offence referred to in subparagraph 8 of the first paragraph of section 58 or subparagraph 6 of the first paragraph of section 60 and has not obtained a pardon is liable to a fine of $7,051 to $35,244 in the case of an individual and $21,148 to $105,734 in the case of a legal person. 2009, c. 57, s. 8; 2011, c. 35, s. 37; 2018, c. 13, s. 35; 2024, c. 5, s. 5; 2024, c. 35, s. 43. See notice of indexation; (2025) 157 G.O. 1, 634.

Section 196.2Verify source

§ 196.3Section 196.3Provision

Source excerpt

196.3. A fine under this Act is indexed annually according to the percentage increase in the average Consumer Price Index for Canada published by Statistics Canada under the Statistics Act (R.S.C. 1985, c. S-19), for the 12 months of the preceding year in relation to the 12 months of the year preceding that year. The resulting amount is increased to the nearest dollar if it contains decimals equal to or greater than 50; the amount is reduced to the nearest dollar if it contains decimals lower than 50. The Board shall publish in the Gazette officielle du Québec the results of any indexation carried out under this section. 2009, c. 57, s. 8; 2019, c. 28, s. 26.

Section 196.3Verify source

§ 197Section 197Provision

Source excerpt

A person who contravenes the listed provisions is liable to a fine, with higher amounts for legal persons than individuals.

197. Any person who contravenes the first paragraph of section 35.2, the first paragraph of section 37.1, the first paragraph of section 38, the first paragraph of section 65.2, section 65.3, section 86.8 or section 86.9 is liable to a fine of $7,051 to $35,244 in the case of an individual and $21,148 to $105,734 in the case of a legal person. On a second conviction, the minimum and maximum fines are doubled; on any subsequent conviction, they are tripled. 1985, c. 34, s. 197; 1990, c. 4, s. 100; 1991, c. 74, s. 96; 1997, c. 85, s. 9; 2005, c. 22, s. 47; 2011, c. 35, s. 38; 2019, c. 28, s. 27; 2024, c. 35, s. 38. See notice of indexation; (2025) 157 G.O. 1, 634.

Section 197Verify source

§ 197.1Section 197.1Provision

Source excerpt

A person who contravenes section 46 or 48 is liable to a fine.

197.1. Any person who contravenes section 46 or 48 is liable, as the case may be, to a fine (1) of $7,051 to $35,244 in the case of an individual and $21,148 to $105,734 in the case of a legal person if the individual or legal person does not hold a licence of the appropriate class or subclass or uses the services of another person who does not hold a licence of the appropriate class or subclass; or (2) of $14,098 to $105,734 in the case of an individual and $42,292 to $211,465 in the case of a legal person if the individual or legal person does not hold a licence or uses the services of another person who does not hold a licence. On a second conviction, the minimum and maximum fines are doubled; on any subsequent conviction, they are tripled. 2011, c. 35, s. 39; 2018, c. 13, s. 36; 2024, c. 5, s. 6; 2024, c. 35, s. 39. See notice of indexation; (2025) 157 G.O. 1, 634.

Section 197.1Verify source

§ 197.2Section 197.2Provision

Source excerpt

A person applying for a licence, or during the licence term, must not act as a prête-nom, use one, or have one among its officers; breaches are punishable by fines.

197.2. Any person who, on applying for a licence or at any time during the licence’s term of validity, acts as a prête-nom, calls on a prête-nom or has a prête-nom among its officers is liable to a fine of $14,098 to $105,734 in the case of an individual and $42,292 to $211,465 in the case of a legal person. On a second conviction, the minimum and maximum fines are doubled; on any subsequent conviction, they are tripled. 2018, c. 13, s. 37; 2024, c. 5, s. 6; 2024, c. 35, s. 39. See notice of indexation; (2025) 157 G.O. 1, 634.

Section 197.2Verify source

§ 197.3Section 197.3Provision

Source excerpt

A person applying for a permit, or during the permit term, must not act as a prête-nom, use one, or have one among its officers; violations attract fines.

197.3. Any person who, on applying for a permit or at any time during his permit’s term of validity, acts as a prête-nom, calls on a prête-nom or has a prête-nom among its officers is liable to a fine of $7,051 to $35,244 in the case of an individual and $21,148 to $105,734 in the case of a legal person. On a second conviction, the minimum and maximum fines are doubled; on any subsequent conviction, they are tripled. 2024, c. 35, s. 40. See notice of indexation; (2025) 157 G.O. 1, 634.

Section 197.3Verify source

§ 198Section 198Provision

Source excerpt

Failing to comply with an order under section 123, 124, or 124.1 is punishable by a fine.

198. Failure to comply with an order made under section 123, 124 or 124.1 is punishable with a fine of $7,051 to $35,244 where the offender is an individual or $21,148 to $105,734 in the case of a legal person. 1985, c. 34, s. 198; 1990, c. 4, s. 100; 1991, c. 74, s. 97; 2011, c. 35, s. 40; 2019, c. 28, s. 28. See notice of indexation; (2025) 157 G.O. 1, 634.

Section 198Verify source

§ 199Section 199Provision

Source excerpt

A person who directly and seriously endangers public safety, by act or omission, is liable to a fine; higher fines apply on a subsequent conviction.

199. Whoever directly and seriously endangers public safety, whether by act or omission, is liable to a fine of $7,051 to $35,244 in the case of an individual or between $21,148 to $105,734 in the case of a legal person. On a subsequent conviction, the offender is punishable with a fine of $14,098 to $105,734 where he is an individual or between $42,292 to $211,465 in the case of a legal person. 1985, c. 34, s. 199; 1990, c. 4, s. 101; 1991, c. 74, s. 98; 2011, c. 35, s. 41. See notice of indexation; (2025) 157 G.O. 1, 634.

Section 199Verify source

§ 199.1Section 199.1Provision

Source excerpt

A person who knowingly gives false or misleading information under section 129.2.1, or who contravenes section 129.2.2, is liable to a fine.

199.1. Any person who (1) provides information that the person knows to be false or misleading when communicating information under section 129.2.1, or (2) contravenes section 129.2.2, is liable to a fine of $2,514 to $25,149 in the case of an individual and $12,573 to $314,360 in the case of a legal person. On a subsequent conviction, the fines are doubled. 2018, c. 13, s. 38; 2024, c. 5, s. 6. See notice of indexation; (2025) 157 G.O. 1, 634.

Section 199.1Verify source

§ 200Section 200Offence

Source excerpt

A person who helps another commit an offence, by act or omission, is guilty as if they committed the offence themselves if they knew or should have known their conduct would probably help.

200. Whoever, by act or omission, assists another in committing an offence is guilty of the offence as if he had committed it himself, if he knew or should known that his act or omission would probably result in assistance towards the commission of the offence. 1985, c. 34, s. 200.

Section 200Verify source

§ 201Section 201Offence

Source excerpt

A person who abets, counsels, or commands another to commit an offence is guilty if they knew or should have known their conduct would probably lead to the offence.

201. Whoever abets, counsels or commands another to commit an offence is guilty of the offence and of any other offence committed by the other as a result of the abetment, counsel or command, if he knew or should have known that his action would probably result in the commission of the offence. 1985, c. 34, s. 201.

Section 201Verify source

§ 201.0.1Section 201.0.1Offence

Source excerpt

In penal proceedings, proof that an agent, mandatary, or employee committed the offence is enough to establish that the defendant committed it, unless the defendant proves due diligence and all necessary precautions.

201.0.1. In any penal proceedings related to an offence under this Act or the regulations, proof that the offence was committed by an agent, mandatary or employee of the defendant is sufficient to establish that it was committed by the defendant, unless the defendant establishes that he exercised due diligence and took all necessary precautions to prevent the offence. 2024, c. 35, s. 41.

Section 201.0.1Verify source

§ 201.0.2Section 201.0.2Offence

Source excerpt

If a partnership, legal person, or their agent/employee commits an offence under the Act or regulations, the partnership or legal person’s officer is presumed to have committed it unless due diligence and all necessary precautions are shown.

201.0.2. If a partnership or legal person, or an agent, mandatary or employee of a partnership or legal person, commits an offence under this Act or the regulations, the officer of the partnership or legal person is presumed to have committed the offence, unless it is established that he exercised due diligence and took all necessary precautions to prevent the offence. For the purposes of this section, a partnership’s special partners are not presumed to be its officers. 2024, c. 35, s. 41.

Section 201.0.2Verify source

§ 201.1Section 201.1Offence

Source excerpt

If an offence lasts more than one day, each day counts as a separate offence.

201.1. Where an offence continues for more than one day, each day the offence continues shall be counted as a separate offence. 1991, c. 74, s. 100; 2024, c. 35, s. 42.

Section 201.1Verify source

§ 202Section 202Repeal

Source excerpt

Section 202 is repealed.

202. (Repealed). 1985, c. 34, s. 202; 1990, c. 4, s. 102.

Section 202Verify source

§ 203Section 203Offence

Source excerpt

A local municipality may bring a prosecution in a municipal court with jurisdiction where the offence occurred.

203. A prosecution by a local municipality may be brought in a municipal court having jurisdiction in the area where the offence was committed. The costs relating to proceedings instituted before a municipal court belong to the municipality under the jurisdiction of that court, except the part of the costs remitted to another prosecuting party by the collector under article 345.2 of the Code of Penal Procedure (chapter C‐25.1), and the costs remitted to the defendant or imposed on that municipality under article 223 of the said Code. 1985, c. 34, s. 203; 1992, c. 61, s. 79; 2003, c. 5, s. 26.

Section 203Verify source

§ 204Section 204Repeal

Source excerpt

Section 204 is repealed.

204. (Repealed). 1985, c. 34, s. 204; 1991, c. 74, s. 101; 1992, c. 61, s. 80.

Section 204Verify source

§ 205Section 205Provision

Source excerpt

Section 205 is marked “Replaced.”

205. (Replaced). 1985, c. 34, s. 205; 1991, c. 74, s. 101.

Section 205Verify source

§ 206Section 206Provision

Source excerpt

Section 206 is marked as replaced.

206. (Replaced). 1985, c. 34, s. 206; 1991, c. 74, s. 101.

Section 206Verify source

§ 207Section 207Provision

Source excerpt

207. (Replaced). 1985, c. 34, s. 207; 1991, c. 74, s. 101.

Section 207Verify source

§ 208Section 208Provision

Source excerpt

208. (Replaced). 1985, c. 34, s. 208; 1990, c. 4, s. 103; 1991, c. 74, s. 101.

Section 208Verify source

§ 209Section 209Offence

Source excerpt

A local municipality may institute penal proceedings for an offence under this Act if an agreement has been entered into under section 132.

209. Penal proceedings for an offence under a provision of this Act may be instituted by a local municipality if an agreement has been entered into under section 132. 1985, c. 34, s. 209; 1991, c. 74, s. 102, s. 169; 1992, c. 61, s. 81.

Section 209Verify source

§ 210Section 210Provision

Source excerpt

For articles 20 and 21 of the Code of Penal Procedure, a building or facility intended for public use counts as the owner’s business establishment.

210. For the purposes of articles 20 and 21 of the Code of Penal Procedure (chapter C‐25.1), a building or facility intended for use by the public is the owner’s business establishment. 1985, c. 34, s. 210; 1990, c. 4, s. 104; 1999, c. 40, s. 37.

Section 210Verify source

§ 211Section 211Repeal

Source excerpt

Section 211 is repealed.

211. (Repealed). 1985, c. 34, s. 211; 1991, c. 74, s. 103; 1992, c. 61, s. 82.

Section 211Verify source

§ 212Section 212Commencement

Source excerpt

A prosecution must be started within three years after the prosecutor learns of the offence, and no proceedings may be started if more than seven years have passed since the offence was committed.

212. A prosecution must be commenced within three years from the time the prosecutor comes to know of the offence. However, no proceedings may be instituted if more than seven years have elapsed from the date of the commission of the offence. 1985, c. 34, s. 212; 1991, c. 74, s. 104; 1992, c. 61, s. 83; 2018, c. 13, s. 39.

Section 212Verify source

§ 213Section 213Provision

Source excerpt

Evidence may not be used to show that an inquiry or proceeding under this Act was based on information from any person, or to identify that person.

213. No evidence may be led to show that an inquiry or proceeding under this Act was undertaken following information obtained from any person or to ascertain the identity of that person. 1985, c. 34, s. 213.

Section 213Verify source

§ 214Section 214Provision

Source excerpt

214. This Act replaces the Act respecting pressure vessels (chapter A-20.01), the Gas Distribution Act (chapter D-10), the Act respecting the conservation of energy in buildings (chapter E-1.1), the Act respecting piping installations (chapter I-12.1), the Act respecting electrical installations (chapter I-13.01), the Stationary Enginemen Act (chapter M-6), the Act respecting building contractors vocational qualifications (chapter Q-1) and the Act respecting municipal regulation of public buildings (chapter R-18). 1985, c. 34, s. 214. This section has been in force since 1 February 1992 concerning the Act respecting building contractors vocational qualifications (chapter Q-1). (1985, c. 34, s. 301; 1991, c. 74, s. 132). This section has been in force since 1 October 2002 concerning the Act respecting piping installations (chapter I-12.1) and the Act respecting electrical installations (chapter I-13.01). (Order in Council 960-2002 dated 21 August 2002, (2002) 134 G.O. 2, 4541). This section has been in force since 2 December 2003 concerning the Gas Distribution Act (chapter D-10). (Order in Council 874-2003 dated 20 August 2003, (2003) 135 G.O. 2, 2703). This section has been in force since 30 August 2012 concerning the Act respecting the conservation of energy in buildings (chapter E-1.1) in respect of buildings and facilities intended for use by the public to which Part 11 of the Code adopted by Chapter I of the Construction Code (chapter B-1.1, r. 2) applies. (Order in Council 857-2012 dated 1 August 2012, (2012) 144 G.O. 2, 2613). This section has been in force since 8 March 2018 concerning the Act respecting pressure vessels (chapter A-20.01). (Order in Council 86-2018 dated 7 February 2018, (2018) 150 G.O. 2, 665). This section has been in force since 27 June 2020 concerning the Act respecting the conservation of energy in buildings (chapter E-1.1). (Order in Council 485-2020 dated 29 April 2020, (2020) 152 G.O. 2, 1423).

Section 214Verify source

§ 215Section 215Provision

Source excerpt

A regulation provision remains in force only if it is consistent with this Act, and the Board may adopt the building code and safety code for specified categories of buildings, pressure installations, and facilities or installations.

215. Any provision of a regulation made under the Acts covered by sections 214 and 282 remains in force in so far as it is consistent with this Act. The building code and the safety code may be adopted by the Board and come into force in respect of categories of buildings, pressure installations and facilities or installations referred to in each Act mentioned in section 214 or 282 or referred to in this Act. 1985, c. 34, s. 215; 1998, c. 46, s. 56.

Section 215Verify source

§ 216Section 216Provision

Source excerpt

216. Notwithstanding section 215, sections 43 to 55, 58 to 64, 78 and 86 of the Regulation respecting pressure vessels enacted by Order in Council 2519-82 dated 3 November 1982, with its present and future amendments, concerning the personal qualification of welder and the qualification of inspectors, the Order respecting certificates of competence with respect to gas (R.R.Q., 1981, chapter D-10, r. 2), except for category 311 under the heading “300—Distribution” of section 1, Schedule A and the list of categories in Schedule B, sections 17 and 32 of the Regulation respecting gas and public safety (R.R.Q., 1981, chapter D-10, r. 4), sections 28 to 39 and 41 to 60 of the Regulation respecting stationary enginemen (R.R.Q., 1981, chapter M-6, r. 1) and Schedule D to that regulation remain in force in so far as they are consistent with the Act respecting manpower vocational training and qualification (chapter F‐5). Such provisions are deemed to have been made under the Act respecting manpower vocational training and qualification and a certificate of qualification or competence issued under such provisions is deemed to be a certificate of qualification required by that Act. 1985, c. 34, s. 216; 1991, c. 74, s. 105; 1999, c. 40, s. 37.

Section 216Verify source

§ 217Section 217Provision

Source excerpt

217. (Omitted). 1985, c. 34, s. 217.

Section 217Verify source

§ 218Section 218Provision

Source excerpt

This section is marked inoperative.

218. (Inoperative, 1982, c. 42, s. 19; 1983, c. 26, s. 5; (1986) 118 G.O. 2, 901). 1985, c. 34, s. 218.

Section 218Verify source

§ 219Section 219Provision

Source excerpt

219. (Inoperative, 1982, c. 42, s. 19; 1983, c. 26, s. 5; (1986) 118 G.O. 2, 901). 1985, c. 34, s. 219.

Section 219Verify source

Legislative relationships

10 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

Board from exercising powers conferred on him by this Act
Section 159.4
Board is to supervise the administration of this Act
Section 110
Board under this Act
Section 128.2
Code adopted by Chapter I of the Construction Code
Section 214

G–M

2 instruments

Gouvernement du Québec for the carrying out of this Act
Section 129.1.2
Master Electricians Act
Section 129.19

N–S

3 instruments

Regulations Act
Section 127.1
Safety Code
Sections 111, 145, 193
State are bound by this Act
Section 182

T–Z

1 instrument

Tax Administration Act
Sections 155, 159.22

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Building Act, 1985

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