R-20, r. 1 - Regulation respecting the application of the Act respecting labour relations, vocational training and workforce management in the construction industry

Section 1 Disposition versions

2012-09-01

1. Machinery:

(a)  Definitions: For the purposes of this section,

i.  “production machinery” means any machinery and equipment other than the machinery of buildings;

ii.  “building’s machinery” means any machinery and equipment installed for the purposes of the building itself, namely, amongst others, a heating system, a ventilation system, a refrigeration system with a capacity of more than 200 W, the elevators or hoists.

This expression also includes any other refrigeration system with a capacity of more than 200 W installed inside a building.

(b)  Scope: The installation of building machinery is, in all cases, included in the word “construction” as defined in subparagraph f of the first paragraph of section 1 of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20). However, the erection, repair, and the maintenance of building machinery are only included in the word “construction” when they are performed by construction employees in the employ of professional employers.

Notwithstanding the first paragraph of paragraph b, when reference is to elevators, freight-elevators, or escalators, the erection, repair, and maintenance are also included, in all cases, in the word “construction”.

Despite the first paragraph of paragraph b, when reference is to a refrigeration system as mentioned in paragraph a, the assembly, repair and maintenance are also included in the word “construction”. Such work, however, is not included in the word “construction” if performed:

(a)  by the habitual employees of the manufacturer or user of such systems;

(b)  inside a building having no more than 2 refrigeration systems with a maximum capacity of 600 W;

(c)  on a manufactured refrigeration unit, self-contained or plug-in type;

(d)  inside a residential building with less than 9 apartments.

The installation, repair and maintenance of production machinery are included in the word “construction” when they are carried out by construction employees in the employ of professional employers.

The installation of production machinery on the job site itself and vicinity during the construction phase of an electric power plant and related works involving such construction are also included in the word “construction”.

In addition, any part of the installation or repair of production machinery that is carried out on the job site itself and vicinity in the industrial sector or in the civil engineering and roads sector that requires the use of professional expertise mainly from the construction industry is also included in the word “construction” where,

(a)  in the case of an installation, the work is part of a project for the initial construction or structural alteration of a building, industrial complex or civil engineering work;

(b)  in the case of an installation or repair, the work is carried out on a production unit or line shut down for that purpose during regular operating hours, or is preparatory to such work, and it is anticipated that the work will involve at least 40 construction employees; and

(c)  in the case of an installation or repair, the work is carried out in an establishment where all production has stopped, and it is anticipated that the work will involve at least 40 construction employees.

The work referred to in the sixth paragraph of paragraph b is, however, not included in the word “construction” where

(a)  a decree made under section 2 of the Act respecting collective agreement decrees (chapter D-2) applies in respect of the work;

(b)  the work is carried out by regular employees of the user of the machinery or of an enterprise at least 40% of which is owned by the user;

(c)  the work is carried out by regular employees of the machinery manufacturer, of the machinery manufacturer’s successor or of a person whose main activity is to carry out such work, which is exclusively entrusted to that person by the manufacturer or the machinery manufacturer’s successor; or

(d)  the work is carried out by regular employees of an employer, other than a professional employer, where that employer regularly carries out work in an establishment of the user of the machinery pursuant to a repair or maintenance contract, subject, however, to the number of employees not exceeding the number that the employer usually assigns to those activities in the establishment.

The repair and maintenance of building machinery and equipment are included in the word “construction” where they are carried out by employees in the employ of a professional employer and Hydro-Québec on the job site itself and vicinity.

R.R.Q., 1981, c. R-20, r. 1, s. 1; O.C. 1688-82, s. 1; O.C. 1247-85, s. 1; O.C. 315-2003, s. 1.