Saguenay - Work is continuing despite the CCQ’s outright ban

December 18, 2015

On December 15, the Commission de la construction du Québec observed that work was continuing on the site of a commercial building situated at 2230 Boul. St-Paul in the Chicoutimi Borough, despite an order of suspension of work for this site. The Commission will therefore transmit a referral for prosecution for lack of compliance with an order of suspension of work to the Directeur des poursuites criminelles et pénales.

Any entity that executes construction work or has such work executed in contravention of an order of suspension of work is liable, for every day or part of the day during which the infraction continues, of a fine of from $1,000 to $2,000 in the case of an individual, and from $2,000 to 4,000 in the case of a corporation.

Non-compliance stretching over a number of months

Following a site visit carried out last spring, the Commission de la construction du Québec observed that the owner of the building, Yves Belley, was executing construction work in contravention of the laws in force. Specifically, he did not hold a Régie du bâtiment licence and was using employees who did not hold competency certificates.

Thereafter, the owner was not able to demonstrate his site’s compliance, which led to the posting of an order of suspension of work for the site on August 6. This order was filed with Superior Court on August 17, 2015.

The importance of the competency certificate

The competency certificate is a document that attests to the capacity of a person to execute work in compliance with the standards in force, and it is obligatory for workers to hold one under the Act Respecting Labour Relations, Vocational Training and Workforce Management in the Construction Industry, commonly called Act R-20.