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New rules for the construction industry

Full Title:
An Act to amend various provisions concerning collective agreement decrees and the construction industry

Summary#

  • Collective agreement decrees (decrees): The Minister of Labour now makes decisions to amend a decree at the request of a parity committee or a party. He can approve, modify, or repeal the regulations of parity committees and issue guidelines for good governance (e.g., inspection practices).
  • Non-renewal of a decree: The employer or union party can prevent renewal by notifying the minister during the 6th month before the end of the decree. The decree ceases one year after the official notice published in the official Gazette. No request for modification is possible after a notice of non-renewal.
  • Representativity: Before recommending the extension of a convention to an entire sector or modifying a decree, the minister must consider the representativity of employer and union associations.
  • Sectoral labour standards: If a decree expires, the government can, by regulation, set minimum standards specific to the trade or affected sector, after consulting the CNESST and representative associations, to avoid a "gap" in protections.
  • Administrative relief: End of the obligation to publish notices in newspapers. Parity committees no longer have to submit certain documents to the minister each year (but must still prepare budgets and audited financial statements). They no longer need to be recognized as training mutuals to participate in skills development; their funding may include a contribution of up to 0.5% of the payroll, according to committee regulations.
  • Construction – health and safety: On construction sites, full-time health and safety representatives and coordinators are required starting from 10 construction workers present. The previous criterion related to the total cost of the work ($12 million) is removed. In the start-up or completion phase, they may not be required if fewer than 10 workers are present and this threshold will not be reached by the end. The project owner must notify representative associations when a full-time health and safety representative becomes required. A health and safety representative must hold a competency card from the CCQ and must not have a conviction related to these functions in the last 5 years (unless pardoned).
  • Exclusions from the R-20 law: Maintenance, renovation, repair, and modification work done by permanent employees directly hired by SEPAQ, housing cooperatives, and non-profit housing organizations (as well as other already targeted public organizations) are excluded from the scope of the construction industry law.
  • Powers of the CCQ: The CCQ will be able to issue temporary work authorizations equivalent to a competency card (with criteria, conditions, and the possibility of cancellation). It can create, by regulation, a complementary preventive withdrawal regime for pregnant or breastfeeding construction workers, administered by the CNESST, with the right to contest decisions.
  • CCQ claims: The first notice of claim sent to an employer interrupts the limitation period for 6 months; subsequent notices no longer interrupt.
  • Pilot projects: The government may launch, by regulation, pilot projects in the construction industry to test or improve standards, with obligations, sanctions, monitoring mechanisms, and a limited duration (max 3 years, extendable by 1 year).
  • Coming into force: Upon sanction, except for health and safety rules (articles 22 to 28), which come into force on the first day of the third monthly period following the sanction.

What this means for you#

  • Employees covered by a decree:
    • A decree can cease if a party sends a notice at the right time. Minimum sectoral standards may take over, but they could be less advantageous than a decree.
    • Amendments to decrees go through the minister; he must consider the representativity of the associations.
  • Employers covered by a decree:
    • Clearer and more uniform non-renewal process. Duty to inform your employees when the end notice is published.
    • Less paperwork (no more notices in newspapers; relief for committees).
    • Possible contribution of up to 0.5% of the payroll if a committee adopts it for training (with exemptions).
  • Pregnant or breastfeeding construction workers:
    • A complementary preventive withdrawal regime may cover periods not covered by the LSST. It will be managed by the CNESST, with the right to contest a decision.
  • Construction workers and health and safety representatives:
    • Full-time health and safety representatives/coordinators are required when there are at least 10 workers on site; not solely based on the cost of the work.
    • To be a health and safety representative, you must have a CCQ competency card and not have a relevant conviction in the last 5 years (unless pardoned).
  • Project owners:
    • Obligation to notify representative associations when a full-time health and safety representative becomes required.
  • Public organizations, cooperatives, and non-profit housing organizations:
    • Your permanent employees performing maintenance, repair, renovation, or modification are no longer subject to the R-20 law, which may simplify work management.
  • Companies facing labor shortages:
    • Temporary work authorizations from the CCQ may facilitate short-term hiring, under conditions.

Costs#

  • For the State:
    • Costs of implementing and administering the complementary preventive withdrawal regime (financing to be specified by regulation).
    • Resources to oversee pilot projects and the new functions of the minister (approval/repeal of regulations, directives, consultations).
  • For employers:
    • Possible contribution of up to 0.5% of the payroll if a committee imposes it for training (with exemptions provided).
    • Reduced administrative costs (end of notices in newspapers, eased obligations for committees).
    • Possible savings in health and safety during start-up/completion phases if fewer than 10 workers are present; but increased information obligation for project owners.
  • For workers:
    • If a decree ends, possible transition to minimum sectoral standards that may be less generous.
    • Right to contest decisions in the new preventive withdrawal regime.

Supporters' viewpoint#

  • Modernizes and simplifies the management of decrees; reduces paperwork and delays.
  • Ensures better governance and greater transparency of parity committees (powers of directives and approval by the minister).
  • Avoids a gap in protections when a decree expires thanks to sectoral standards under the Labour Standards Act.
  • Health and safety rules are clearer and adapted to the reality of construction sites (threshold of 10 workers; removal of the cost criterion).
  • Increased support for pregnant or breastfeeding workers in construction.
  • Temporary authorizations: a flexible tool to meet labor needs.
  • Pilot projects: capacity to innovate and adjust standards before general deployment.
  • R-20 exclusions for permanent employees of certain organizations: faster and less costly execution of maintenance work.

Opponents' viewpoint#

  • Concentration of powers in the hands of the minister (modifications/repeals of committee regulations) could reduce independence and sectoral negotiation.
  • End of certain public notices and easing of accountability for committees perceived as a decrease in transparency.
  • Easier non-renewal of decrees, with a risk of weakening working conditions if only minimum standards remain.
  • Removal of the cost criterion and reduced presence of health and safety representatives in start/end phases could decrease prevention on certain sites.
  • Temporary authorizations may circumvent competency requirements and put downward pressure on wages.
  • Pilot projects could introduce variable rules and uncertainty for businesses and workers.