R-20, r. 5 - Regulation respecting the issuance of competency certificates

Section 14 Disposition versions

2018-05-14

14. The Commission may, by way of exception, exempt a person from the obligation to hold a journeyman competency certificate, occupation competency certificate or apprentice competency certificate where:

(1)  the person proves that he has acquired, outside Québec, under a qualification program considered equivalent to that of Québec, the qualifications required to practice the trade or specialty referred to in the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8) for which he wishes to obtain an exemption from the obligation to hold a journeyman competency certificate;

(1.1)  the person proves that he has obtained, outside Québec, provisional authorization, issued by a body having competence to do so and recognized for that purpose under an intergovernmental agreement to which the Gouvernement du Québec is a party, to practice the trade or specialty which, under that agreement, corresponds to the trade or specialty for which he wishes to obtain an exemption from the obligation to hold a journeyman competency certificate;

(2)  the person proves that he was admitted to apprenticeship under an apprenticeship program established outside Québec that is considered equivalent to the apprenticeship program prescribed by the Regulation respecting the vocational training of the workforce in the construction industry in the trade for which he wishes to obtain an exemption from the obligation to hold an apprentice competency certificate;

(3)  the person establishes that he intends to perform construction work within the framework of an interprovincial or international agreement relating to a workforce vocational training exchange program;

(4)  an employer establishes that without the services of that person he will be unable to cause a given construction work to be properly carried out;

(5)  this person is the child of an employer or, if the employer is a partnership or a legal person, he is the child of a member of that partnership or director of that legal person, and that employer submits an application in order to ensure that someone takes over the business. Notwithstanding the foregoing, the exemption from the obligation to hold an apprentice competency certificate shall only be issued to a person who meets the admission requirements prescribed in basic school regulations made under the Education Act (chapter I-13.3), for a program of vocational studies leading to a vocational training diploma pertaining to the trade indicated in the application;

(6)  an employer furnishes proof that no holder of a competency certificate is available in the construction industry to perform the work established in the application, guarantees employment to that person for at least 150 hours over a period not exceeding 3 months and furnishes proof of that guarantee to the Commission;

(7)  the person is the subject of an application to obtain a casual employee identification card under section 5 of the Regulation respecting the application of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20, r. 1) and meets the requirements governing the issuance of such a card.

The Commission may not exempt a person from the obligation to hold an apprentice competency certificate corresponding to the trade of crane operator under this section, except where subparagraph 2 or 3 of the first paragraph applies.

O.C. 673-87, s. 14; O.C. 314-93, s. 4; O.C. 1112-93, s. 8; O.C. 799-94, s. 7; O.C. 1451-96, s. 4; O.C. 535-2018, s. 8.

2012-09-01

14. The Commission may, by way of exception, exempt a person from the obligation to hold a journeyman competency certificate, occupation competency certificate or apprentice competency certificate where:

(1)  the person proves that he has acquired, outside Québec, under a qualification program considered equivalent to that of Québec, the qualifications required to practice the trade or specialty referred to in the Regulation respecting the vocational training of the workforce in the construction industry (chapter R-20, r. 8) for which he wishes to obtain an exemption from the obligation to hold a journeyman competency certificate;

(1.1)  the person proves that he has obtained, outside Québec, provisional authorization, issued by a body having competence to do so and recognized for that purpose under an intergovernmental agreement to which the Gouvernement du Québec is a party, to practice the trade or specialty which, under that agreement, corresponds to the trade or specialty for which he wishes to obtain an exemption from the obligation to hold a journeyman competency certificate;

(2)  the person proves that he was admitted to apprenticeship under an apprenticeship program established outside Québec that is considered equivalent to the apprenticeship program prescribed by the Regulation respecting the vocational training of the workforce in the construction industry in the trade for which he wishes to obtain an exemption from the obligation to hold an apprentice competency certificate;

(3)  the person establishes that he intends to perform construction work within the framework of an interprovincial or international agreement relating to a workforce vocational training exchange program;

(4)  an employer establishes that without the services of that person he will be unable to cause a given construction work to be properly carried out;

(5)  this person is the child of an employer or, if the employer is a partnership or a legal person, he is the child of a member of that partnership or director of that legal person, and that employer submits an application in order to ensure that someone takes over the business. Notwithstanding the foregoing, the exemption from the obligation to hold an apprentice competency certificate shall only be issued to a person who meets the admission requirements prescribed in basic school regulations made under the Education Act (chapter I-13.3), for a program of vocational studies leading to a vocational training diploma pertaining to the trade indicated in the application;

(6)  an employer furnishes proof that no holder of a competency certificate is available in the construction industry to perform the work established in the application, guarantees employment to that person for at least 150 hours over a period not exceeding 3 months and furnishes proof of that guarantee to the Commission;

(7)  the person is the subject of an application to obtain a casual employee identification card under section 5 of the Regulation respecting the application of the Act respecting labour relations, vocational training and workforce management in the construction industry (chapter R-20, r. 1) and meets the requirements governing the issuance of such a card.

O.C. 673-87, s. 14; O.C. 314-93, s. 4; O.C. 1112-93, s. 8; O.C. 799-94, s. 7; O.C. 1451-96, s. 4.