Failing to declare workforce movements is a criminal offense

May 7, 2014

The laws and regulations in the construction industry require employers to declare their workforce movements (hiring and termination) to the Commission de la construction du Québec (CCQ) within 48 hours. Over the years, we have sent notices of failure to declare to offenders so that they will regularize their situation. More recently, in the wake of putting the Carnet référence construction online, we have repeatedly communicated the importance of these declarations. Since September 9, 2013, we have been systematically making the verifications required in this regard during site inspections, and this has led to referrals for a significant number of prosecutions for failure to declare workforce movements.

According to our files, almost 15% of workers had not been listed in a declaration of hiring. This situation involves about 1,500 employers, and they will receive communications specific to this subject concerning the period from January to April 2014.

Starting now: The CCQ will systematically recommend prosecution for all violations involving failure to declare workforce movements. Employers found guilty will be liable for a fine of between $1,009 and $2,019 per worker.

Questions and answers for employers

  1. I am not certain that I have declared all the employees who work for me. What should I do?

    To find out your current situation with regard to workforce movements, you can view the history of your last 12 months on the CCQ’s online services, under the tab “Avis d'embauche et de fin d'emploi.” If you see that workers in your employ do not appear in your history, we advise you to immediately declare their hiring on our online services. The online declaration will generate a hiring number to keep in your payroll register.

  2. I did not have a site inspection this winter. How can the CCQ confirm that I am in violation?

    We crosscheck the data in our files: declarations of workforce movement, monthly reports, and site inspections.

  3. Can I make a retroactive request for a hiring number?

    No, there is no possibility of a retroactive request. All hiring numbers are in effect as of the date of registration, even if you can register a previous date.

    However, to avoid possible future prosecutions, we recommend that you request your hiring numbers immediately on our online services, under the tab “Avis d'embauche et de fin d'emploi.”

  4. I have received a violation notice for a worker, but I have other employees for whom I have not requested a hiring number. Will I receive more reports?

    Because you have not declared your hirings and terminations for your workers, you may in fact be liable for prosecution.

    For the months of January to April 2014, only one referral for prosecution per employer will be sent to the Directeur des poursuites criminelles et pénales (DPCP) to cover this period.

    However, we recommend that you request your hiring numbers immediately on our online services, under the tab “Avis d'embauche et de fin d'emploi.”

  5. I would like to send a corrected monthly report for the period of my violation notice. Is this possible? Will I still receive a violation notice?

    You can send a corrected report. However, the monthly report management professionals must make certain verifications, and they are the only ones who can confirm that the requested modifications have been accepted. With regard to the violation notice that you received, the referral for prosecution will already have been transmitted to the DPCP.