MODERNIZATION OF THE CONSTRUCTION INDUSTRY (REFORM OF ACT R-20)
modernisation
MODERNIZATION OF THE CONSTRUCTION INDUSTRY (REFORM OF ACT R-20)

On May 23, 2024, the Assemblée nationale adopted the Act to Modernize the Construction Industry. This new legislation is intended to:

  • Increase the industry’s productivity by allowing for greater flexibility and more versatility on construction sites
  • Foster better work organization by allowing for greater workforce mobility throughout Quebec
  • Facilitate access by women and culturally diverse people within Quebec society to the construction industry
  • Optimize the collective bargaining system to encourage a harmonious conclusion to negotiations
  • Bolster the Commission de la construction du Québec’s governance, role and operations

Gradual deployment

Some of the changes resulting from the Act to Modernize the Construction Industry came into effect on May 28, 2024, while others will take effect at different times, as described below. The information on this page is therefore subject to change, so please check back regularly. The CCQ will also gradually update the many pages of content on its website, not to mention other documentation affected by these page updates.

Measures in effect since May 28, 2024

To help you quickly identify measures already in effect, please consult the list below. Headers have been simplified to make them easier to read. For more complete descriptions, please refer to the section entitled “Planned measures and effective dates.”

Productivity-enhancing measures:

  • Introduce the concept of versatility into how work is organized. For more information, visit www.ccq.org/versatility. (Measure 1)
  • Enable the CCQ to enact regulations so that a person holding an Occupation Competency Certificate (OCC) can perform a shared activity in the case and to the extent provided for in Appendix E of the Regulation respecting the vocational training of the workforce in the construction industry. (Measure 2)
  • Enable permanent employees of the Regroupement des offices d’habitation du Québec to do maintenance, renovation, repair and alteration work. (Measure 7)

Measures to facilitate access to the industry and promote inclusion: 

  • Recognize apprentices’ training hours obtained outside Quebec in connection with Article 7 (training obligation), which must be undertaken as part of a CCQ-recognized training program for the trade in question. (Measure 11)
  • Add preventive, maternity, paternity, adoption and parental leave to the reasons for renewing a competency certificate in the absence of declared hours. (Measure 12)
  • Grant the CCQ the ability to regulate the recognition of diplomas earned outside Quebec. (Measure 14)

Measures aimed at increasing transparency and collaboration:

  • Provide a requirement to the effect that the CCQ must collaborate with government departments and agencies on mandates that impact the industry, and that the CCQ is mandated to promote workforce development. (Measure 33)
  • Provide a requirement to the effect that the CCQ must be informed of the filing of any recourse concerning the regulations under its purview, as well as of any grievances regarding interpretation. (Measure 34)
  • Create a joint committee to study all issues relating to labour relations and workers’ working conditions. (Measure 35)
  • Provide a framework for the strategic plan that the CCQ is required to develop, which is now subject to government approval. (Measure 36)
  • Add to the CCQ Board of Directors a non-voting representative from the Ministère du Travail. (Measure 37)

Other measures aimed at modernizing the construction industry:

All planed measured and effective dates

Productivity-enhancing measures

  • Increase workforce versatility and industry flexibility
    Measure Effective date Act of regulation concerned
    1. Introduce the concept of versatility into work organization, enabling those holding a journeyperson competency certificate (JCC) to occasionally perform tasks other than those provided for in the definition of their trade.

      The following conditions must be met:

      • The task performed is related to those defined in the job description; 
      • The task must follow the same sequence and advance the work, and can include preparation and finishing;
      • The task must be carried out over a brief portion of the workday.

       

      This measure excludes:

      • work relating to a structure’s stability or load-bearing capacity and the operation of cranes of any kind;
      • tasks relating to the following trades: electrician, refrigeration mechanic, elevator mechanic, fire-protection mechanic or pipefitter.

    For more information on this measure, go to www.ccq.org/versatility.

    May 28, 2024

    Regulation respecting the vocational training of the workforce in the construction industry

    New Article 4.0.1

    1. Enable the CCQ to enact regulations so that a person holding an Occupation Competency Certificate can perform a shared activity in the case and to the extent provided for in Appendix E of the Regulation respecting the vocational training of the workforce in the construction industry.

    May 28, 2024

    Important: The CCO holder may perform shared tasks only when provided for in the Regulations. 

    Act R-20

    Article 85.6

    Regulation respecting the hiring and mobility of employees in the construction industry

    Articles 1, 4 and 5.8 

    Regulation respecting the issuance of competency certificates
     
    Article 1.1 
  • Make inter-regional mobility more flexible
    Measure Effective date Act or regulation concerned
    1. Enable people to obtain provincial mobility if they hold a journeyperson competency certificate or an occupation competency certificate and have worked at least 15,000 hours.

      This will be able them to work in any region of Quebec, regardless of the employer who hires them.
    November 30, 2024

    Regulation respecting the hiring and mobility of employees in the construction industry 

    New Article 38.1

    1. Lower to 750 hours for men and 400 hours for women the thresholds for acquiring preferential worker status.

      As a result, an employer will be able to employ a person holding a competency certificate anywhere in Quebec (provincial mobility), provided that he or she has worked for the employer for at least the required number of hours over the course of the first 24 months of the 26 months preceding the issuance or renewal of his or her certificate.
    November 30, 2024

    Regulation respecting the hiring and mobility of employees in the construction industry

    Article 38

    1. Extend the 400-hour threshold for preferential worker status to people representing Quebec’s diverse society, including Indigenous persons, immigrants, visible minorities, ethnic minorities and people with disabilities.
     
    November 30, 2024

    Regulation respecting the hiring and mobility of employees in the construction industry

    Article 38

    1. Withdraw the possibility of negotiating clauses limiting the mobility of preferred workers and render null and void any collective agreement provision on this subject.
    May 1, 2025 

    Act R-20

    Article 61.2

  • Allowing staff at Quebec’s housing authorities to be subject to the Act
    Measure Effective date Act of regulation concerned
    1. Allow permanent employees of the Regroupement des offices d’habitation du Québec to carry out maintenance, repair, renovation and alteration work. 
    May 28, 2024

    Act R-20

    Article 19 (8)

Measures to facilitate access to the industry and promote inclusion 

  • Facilitating access to competency certificates
    Measure Effective date Act or regulation concerned
    1. Allow for the recognition of training hours, for the trade in question when recognized by a competent authority, as falling within the scope of the “35% measure” leading to an Apprenticeship Competency Certificate (ACC).

      Thus, these hours can be included in the calculation used to determine whether the threshold of 35% of a trade’s apprenticeship duration has been reached for the purpose of issuing an ACC, rather than just as hours of work experience. 

      People whose backgrounds are covered by the diversity* measure will not be required to present a job guarantee or have the educational prerequisites normally applicable to the initial issuance of an ACC. However, on renewal, they will need to have acquired the academic prerequisites.

    November 30, 2024

     

     

     

     

    By decree (exact date TBA)

    Regulation respecting the issuance of competency certificates

    Article 2.5

    1. Allow for the issuance of an Occupation Competency Certificate (OCC) to a person with 750 hours of work experience in relevant activities not subject to Act R-20. 

      If this condition is met, people covered by the diversity* measure will not be required to present a job guarantee for the initial issuance of their OCC.

    November 30, 2024

     

    By decree (exact date TBA)

    Regulation respecting the issuance of competency certificates

    Article 4

    1. Extend to graduates of the Montage de lignes électriques et de télécommunications (Electrical and Telecommunications Installation) course leading to the skilled occupation of Line worker, the measure leading to the issuance of an OCC without having to complete the CCGIC – Cours de connaissance générale de l’industrie de la construction (general construction industry knowledge course).
    November 30, 2024

    Regulation respecting the issuance of competency certificates

    Article 4 (4)

    1. Recognize apprentices’ training hours obtained outside Quebec with respect to Article 7 (training obligation), which must be undertaken as part of a CCQ-recognized training program for the trade in question.
    May 28, 2024

    Regulation respecting the issuance of competency certificates

    Article 7

    1. Add preventive, maternity, paternity, adoption and parental leave to the reasons for renewing a competency certificate in the absence of declared hours.
    May 28, 2024

    Regulation respecting the issuance of competency certificates

    Article 8

    1. Allow for the issuance of an ACC to an OCC holder with 4,000 hours declared on the monthly report.

    By decree (exact date TBA)

    Regulation respecting the issuance of competency certificates

    New article 2.6

    * Indigenous persons, immigrants, visible minorities, ethnic minorities and people with disabilities. 

     

  • Facilitate access to the industry by people representing the diversity of Quebec society

    The measures below specifically concern women, Indigenous persons, immigrants, visible minorities, ethnic minorities and people with disabilities.

    Measure Effective date Act or regulation concerned
    1. Grant the CCQ the ability to regulate the recognition of diplomas earned outside Quebec.

    May 28, 2024

    Important: This recognition by the CCQ will be possible only once a regulation has been amended. 

    Act R-20

    Article 123.1 (13.4)

    1. Allow people representing the diversity of Quebec society to benefit from the same measures for access to the industry as women.
    By decree (exact date TBA)

    Regulation respecting the issuance of competency certificates

    Articles 8.1 à 8.4

    1. Allow for the issuance of an Occupation Competency Certificate (OCC) to a woman or a person representing the diversity of Quebec society, if that person is qualified for the job of Survey instrument operator (surveyor), Blaster and driller, Line worker or Scuba diver (professional diver) and who has never held a certificate, without the employer having to provide an employment guarantee of 150 hours over three consecutive months or a letter of commitment. 

      Consequently, the future OCC holder is exempt from the same requirement as a woman with a diploma in a recognized trade wishing to obtain an apprentice competency certificate. 
     
    By decree (exact date TBA)

    Regulation respecting the issuance of competency certificates

    Article 8.5

  • Amending the rules of the Carnet référence construction
    Measure Effective date Act or regulation concerned
    1. Allow communication between employers and referral permit holders as soon as a need for workers is declared through the system, subject to the employer’s right to refuse any communication. 

    November 30, 2024 

    Regulation respecting the Service de référence de main-d’œuvre de l’industrie de la construction (construction industry workforce referral service)

    Article 5

    1. Unless they refuse, make workers’ professional profiles available, along with any information the CCQ has on their training history.

    November 30, 2024  

    Act R-20

    Article 107.7

    1. Allow certain Indigenous nations and communities (the Kativik Regional Government, the Cree Nation Government, the Eeyou Istchee James Bay Regional Government and the Mohawks of Kahnawà:ke) to obtain a workforce referral permit.
     
    November 30, 2024

    Act R-20

    Article 107.1

    1. Grant people representing the diversity of Quebec society eligibility for the same workforce referral measure as that in place for women.
    By decree (exact date TBA)

    Regulation respecting the Service de référence de main-d’œuvre de l’industrie de la construction (construction industry workforce referral service)

    Article 7

    1. Establish the order for workforce referrals as follows:

      1. Women
      2. People representing the diversity of Quebec society*
      3. Other workers
    By decree (exact date TBA)

    Regulation respecting the Service de référence de main-d’œuvre de l’industrie de la construction (construction industry workforce referral service)

    Article 9

    1. When an employer declares a need for workers, refer from the referral lists issued by the CCQ only those workers who are available.
    November 30, 2024

    Regulation respecting the Service de référence de main-d’œuvre de l’industrie de la construction (construction industry workforce referral service)

    Article 7

    * Indigenous persons, immigrants, visible minorities, ethnic minorities and people with disabilities.

Measures aimed at increasing transparency and collaboration

  • Optimize the collective agreement negotiation process
    Measure Effective date Act or regulation concerned
    1. Bring forward the union raiding period and the union vote so that they fall in the middle of collective agreements’ terms.

    September 1, 2025

    Act R-20

    Articles 28, 29, 31, 32, 34, 35.3, 36 et 44.3
    1. Bring forward the signing of the union negotiation protocol by two months so that it is completed no later than the end of February.
    September 1, 2025

    Act R-20

    Article 41.4

    1. Bring forward the consultation of project owners by four months to June and amend the list of project owners to be consulted by ministerial decree. 
    September 1, 2025

    Act R-20

    Nouvel article 41.2.1

    1. Bring forward the notice of negotiations by one month so that the sessions take place no later than September 1.
    September 1, 2025

    Act R-20

    Article 42

    1. Mandate that requests, proposals and issues be submitted no later than November 1.
    September 1, 2025

    Act R-20

    Nouvel article 42.2

    1. Bring forward the start of the mediation period by approximately one month, extend its duration to 90 days, and revoke the labour minister’s ability to extend mediation.
    September 1, 2025 Act R-20

    Article 43.4

    1. Revoke the 21-day waiting period between the end of the mediation period and the acquisition of the right to strike and to hold a lock-out.
    September 1, 2025

    Act R-20

    Article 45.4

    1. Introduce to the Tribunal administratif du travail (administrative labour tribunal) a complaint mechanism for failure to negotiate in good faith.
    September 1, 2025

    Act R-20

    Nouvel article 42.3

    1. Link the effective date of the change in union allegiance to the monthly reporting period.
    September 1, 2025

    Act R-20

    Article 34

    1. Amend collective agreements to include the ability to make retroactive wage adjustments.
    September 1, 2025

    Act R-20

    Article 48

     
  • Bolstering CCQ governance
    Measure Effective date Act or regulation concerned
    1. Provide that the CCQ must collaborate with government departments and agencies on mandates impacting the construction industry (Quebec Infrastructure Plan, Office municipal d’habitation, etc.) and that it be mandated to promote workforce development.
    May 28, 2024

    Act R-20

    Article 4

    1. Provide that the CCQ must be informed of the filing of any recourse concerning the regulations under its purview (scope of application, trade jurisdiction and sector membership), as well as of any grievances regarding interpretation. 
    May 28, 2024

    Act R-20

    Article 21

    1. Create a joint committee to study all matters relating to labour relations in the construction industry and to workers’ working conditions, with the exception of those under the jurisdiction of the CCQ Board of Directors or another committee provided for in Act R-20. This committee could provide its opinion to the labour minister on any question submitted by the latter in relation to his/her mandate and take up any question related to this mandate. 
     
    May 28, 2024

    Act R-20

    New articles 18.14.1.2 à 18.14.1.8

    1. Provide a framework for the strategic plan that the CCQ is required to develop, which is now subject to government approval.
    May 28, 2024

    Act R-20

    New articles 15.0.2 et 15.0.3

    1. Add to the CCQ Board of Directors a non-voting representative from the Ministère du Travail. 
    May 28, 2024

    Act R-20

    New article 3.9.0.1

Other measures aimed at modernizing the construction industry

  • Implement other measures aimed at modernizing the construction industry
    Measure Effective date Act or regulation concerned
    1. Consult the Commission des droits de la personne et des droits de la jeunesse for measures on diversity.
    January 2025  Act R-20

    Article 126.0.1

    1. Amend the Regulation respecting the remuneration of arbitrators of grievances or complaints in the construction industry to harmonize the compensation rates and fees chargeable by all grievance arbitrators mandated by the Ministère du Travail and the CCQ. 
    May 28, 2024 

    Regulation respecting the remuneration of arbitrators of grievances or complaints in the construction industry

    Articles 1 à 7

    1. Withdraw the requirement to obtain CCQ authorization before filing an interpretation grievance. 

    May 28, 2024

    Act R-20

    Article 62

    1. Revise the value of fines provided for in Act R 20.
    May 28, 2024

    Act R-20

    Articles 83, 83.1, 83.2, 84, 111.1, 112, 113, 113.1, 113.2, 113.3, 113.4, 115, 115.1, 116, 117, 119, 119.01.1, 119.0.2, 119.0.3, 119.0.4, 119.0.5, 119.1, 119.1.1, 119.3, 119.4, 119.7, 119.8, 119.9, 119.10, 120, 122

    Nouvel article 122.

Questions?

For further information on the various measures, or if you have any questions about the modernization of the construction industry, please write us at [email protected].

To learn more about modernisation