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Part 4: Specific Legal and Administrative Commitments

  • Issued: June 2006

4.1  Legal Commitments

4.1.1      
Within 30 days of the signing of this agreement:

Ontario and Quebec also agree to fulfill their other commitments made under this agreement within 150 days of the signing of this agreement.

4.1.2      
Ontario and Quebec recognize that the regulations related to this agreement may be amended from time to time; and, each agrees to consult the other before introducing any such amendments.

4.2  Matters Related to Contractors

4.2.1      
The government of Quebec undertakes to have the RBQ issue a construction contractor's licence to an Ontario contractor within one (1) working day, provided the application is complete and complies with all relevant legal requirements.  With the exception of contractors in the electrical and pipefitting trades (see sections 3.1.5 and 3.1.6), Quebec confirms that this is the only licence required by an Ontario contractor before responding to a call for tender on any construction project open to Ontario contractors.

The government of Quebec also undertakes to have the CMEQ and the CMMTQ issue a contractor’s licence within 10 working days to an Ontario contractor in the electrical or pipefitting trades, respectively, provided the application is complete and complies with all relevant legal requirements.

4.2.2  
The government of Quebec undertakes to have the RBQ refund, within 15 days, all fees paid by an Ontario contractor who requests that its licence for tender be terminated, and who submits that request within 15 days of being notified of an unsuccessful bid, along with proof of the unsuccessful bid, unless previous construction work has already been performed under that licence.  

4.2.3  
In addition to obtaining a Quebec construction contractor's licence, an Ontario contractor must meet all other requirements to register with specified government departments and agencies.  

4.2.4      
The government of Quebec undertakes to have:

  • the CCQ issue an Employer Number and process applications from Ontario contractors within one (1) working day for work in the Outaouais region and five (5) working days for work in the rest of Quebec, provided that the application is complete and complies with all relevant legal requirements;   
  • the CSST process applications from Ontario contractors within ten (10) working days, provided that the application is complete and complies with all relevant legal requirements; and, 
  • the Registraire des entreprises process applications from Ontario contractors within ten (10) working days, provided that the application is complete and complies with all relevant legal requirements. 

4.2.5  
The government of Ontario undertakes to have the MGS issue an identification number to a Quebec contractor within one (1) working day, if the registration is done in person and the application is complete and complies with all relevant legal requirements.

4.2.6  
The government of Ontario undertakes to have the TSSA register a Quebec contractor in the following specialties, within 10 working days, provided that the application for registration is complete and complies with all relevant legal requirements:  gasoline handling contractors, elevating devices contractors, energy contractors, and equipment installation contractors.

4.3  Matters Related to Workers

4.3.1  
The government of Quebec undertakes to have the CCQ issue a card identifying the representative association chosen by an Ontario worker within one (1) working day provided that the worker’s application is complete and complies with all relevant legal requirements.

This card is issued under the Regulation respecting the election of a representative association by the employees of the construction industry (R-20, r.3.1 ). 

Quebec confirms that there is no charge for this card and that no other fees will be charged for it without Ontario’s prior consent. 

4.3.2      
The government of Quebec undertakes to have the CCQ process applications from workers for exemption from the requirement to have an Occupation Competency Certificate (referred to in section 2.4.2), within one (1) working day, provided that the application is complete and complies with all relevant legal requirements.

The government of Quebec also undertakes to have the CCQ and the MESS process applications to take the qualification exams, schedule the appropriate examination and issue a certificate for any of the occupations listed in Appendix 4 and for any unmatched trades, within 30 working days provided that the application is complete and complies with all relevant legal requirements.

If the CCQ or the MESS questions the professional qualifications of an Ontario worker applying for a qualification exam in a regulated trade in Quebec, the worker may involve Ontario’s Official Contact who will follow the dispute resolution process set out in section 6.1.

4.3.3  
The government of Ontario undertakes to have the MTCU register a Quebec apprentice and issue an Apprentice Identification Card within one (1) working day of application, provided that the application is complete and complies with all relevant legal requirements.  

The government of Ontario also undertakes to have the MTCU and the TSSA process applications to write qualification exams, schedule exams and issue a certificate for any unmatched trades or any occupations listed in Appendix 4, within 30 working days, provided that the application is complete and meets all relevant legal requirements.

If the MTCU or the TSSA questions the professional qualifications of a Quebec worker applying for a qualification exam in an Ontario trade listed in this agreement, the worker may involve Quebec’s Official Contact who will follow the dispute resolution process set out in section 6.1.

4.3.4      
The government of Quebec undertakes to have the CCQ revise its internal guideline on the issuing of exemptions for Occupation Competency Certificates to Ontario workers to reflect the terms of this agreement.

4.4 Notices of Non-Compliance

4.4.1  
Ninety days after signing this agreement, the government of Quebec undertakes to have its agencies issue notices of non-compliance, which will act as warnings, where:

  1. an Ontario worker does not hold a certificate of competency or an exemption to hold such a certificate;
  2. an Ontario employer is not registered with the CCQ
  3. an Ontario contractor does not hold a licence from the RBQ

4.4.2  
Notices of non-compliance will specify the infraction; what the worker or employer must do to comply; and, the deadline for compliance.

4.4.3  
When an infraction listed in section 4.4.1 is discovered, the inspector for the agency concerned will tell the worker or the employer on the site.  The notice of non-compliance will then be mailed to the appropriate person.

4.4.4  
Notices of non-compliance will be issued to workers and contractors doing business within the regions of Outaouais, Abitibi-Témiscamingue and Argenteuil County and would not have the effect of creating an additional right for Ontario residents.

4.4.5
Ninety days after signing this agreement, Ontario agrees to establish comparable measures that would not have the effect of creating an additional right for Quebec residents.

4.5 Access to Services  

4.5.1  
To promote understanding of the regulations and to improve services to workers and contractors, Ontario and Quebec will: 

  1. translate all current forms within 150 days of the agreement being signed;  
  2. produce guidance material, such as fact sheets, in French and English, within 150 days of the agreement coming into effect, and subsequently provide them to affected parties; 
  3. implement toll-free telephone services in French and English;
  4. regularly update all sources of information supporting this agreement, including information on their web sites, and will review all documentation annually.

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