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B-1.1 - Building Act

Section 61
Disposition versions

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61. The Board may refuse to issue a licence to a partnership or a legal person where any of its officers:
(1)  was an officer of a partnership or a legal person in the 12 months preceding any bankruptcy of the partnership or legal person within less than three years;
(2)  was an officer of a partnership or legal person which, in the five years preceding the application, was convicted of an offence or indictable offence referred to in subparagraph 6 of the first paragraph of section 60, unless the partnership or legal person has obtained a pardon;
(3)  was an officer of a partnership or legal person whose licence was cancelled under section 70 within less than three years;
(4)  is an officer of a partnership or legal person whose licence is suspended;
(5)  was an officer of a partnership or of a legal person in the 12 months preceding the cessation of the partnership’s or legal person’s activities as a contractor, if the Board considers that the cessation is due to other causes than the death of one of its officers, the attainment of its object or any other legitimate cause.
The Board may refuse to issue a licence where the partnership or legal person applying for it or any of its officers holds a licence that has been suspended or held a licence that was cancelled under section 70 within less than three years.
1985, c. 34, s. 61; 1990, c. 4, s. 97; 1986, c. 95, s. 357; 1991, c. 74, s. 169; 1998, c. 46, s. 22; 2005, c. 22, s. 47; 2005, c. 22, s. 5; 2009, c. 57, s. 3; 2011, c. 35, s. 4; 2018, c. 13, s. 12.
61. The Board may refuse to issue a licence to a partnership or a legal person where any of its officers:
(1)  was an officer of a partnership or a legal person in the 12 months preceding any bankruptcy of the partnership or legal person within less than three years;
(2)  was an officer of a partnership or a legal person which, in the five years preceding the application, was convicted of an offence under a fiscal law or an indictable offence connected with the business that the person intends to carry on in the construction industry, or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46), unless he has obtained a pardon;
(3)  was an officer of a partnership or legal person whose licence was cancelled under section 70 within less than three years;
(4)  is an officer of a partnership or legal person whose licence is suspended;
(5)  was an officer of a partnership or of a legal person in the 12 months preceding the cessation of the partnership’s or legal person’s activities as a contractor, if the Board considers that the cessation is due to other causes than the death of one of its officers, the attainment of its object or any other legitimate cause.
The Board may refuse to issue a licence where the partnership or legal person applying for it or any of its officers holds a licence that has been suspended or held a licence that was cancelled under section 70 within less than three years.
1985, c. 34, s. 61; 1990, c. 4, s. 97; 1986, c. 95, s. 357; 1991, c. 74, s. 169; 1998, c. 46, s. 22; 2005, c. 22, s. 47; 2005, c. 22, s. 5; 2009, c. 57, s. 3; 2011, c. 35, s. 4.
61. The Board may refuse to issue a licence to a partnership or a legal person where any of its officers:
(1)  was an officer of a partnership or a legal person in the 12 months preceding any bankruptcy of the partnership or legal person within less than three years;
(2)  was an officer of a partnership or a legal person which, in the five years preceding the application, was convicted of an offence under a fiscal law or an indictable offence connected with the business that the person intends to carry on in the construction industry, or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46), unless he has obtained a pardon;
(3)  was an officer of a partnership or legal person whose licence was cancelled under section 70 within less than three years;
(4)  is an officer of a partnership or legal person whose licence is suspended;
(5)  was an officer of a partnership or of a legal person in the 12 months preceding the cessation of the partnership’s or legal person’s activities as a contractor, if the Board considers that the cessation is due to other causes than the death of one of its officers, the attainment of its object or any other legitimate cause.
The Board may refuse to issue a licence where the partnership or legal person applying for it or any of its officers holds a licence that has been suspended or held a licence that was cancelled under section 70 within less than three years.
For the purposes of subparagraph 2 of the first paragraph in respect of an offence under a fiscal law, the Board shall refuse to issue a licence where it considers that the serious nature of the offence or the frequency of offences justifies the refusal.
1985, c. 34, s. 61; 1990, c. 4, s. 97; 1986, c. 95, s. 357; 1991, c. 74, s. 169; 1998, c. 46, s. 22; 2005, c. 22, s. 47; 2005, c. 22, s. 5; 2009, c. 57, s. 3.
61. The Board may refuse to issue a licence to a partnership or a legal person where any of its officers:
(1)  was an officer of a partnership or a legal person in the 12 months preceding any bankruptcy of the partnership or legal person within less than three years;
(2)  was an officer of a partnership or a legal person which, in the five years preceding the application, was convicted of an offence under a fiscal law or of an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the building trade unless he has obtained a pardon;
(3)  was an officer of a partnership or legal person whose licence was cancelled under section 70 within less than three years;
(4)  is an officer of a partnership or legal person whose licence is suspended;
(5)  was an officer of a partnership or of a legal person in the 12 months preceding the cessation of the partnership’s or legal person’s activities as a contractor, if the Board considers that the cessation is due to other causes than the death of one of its officers, the attainment of its object or any other legitimate cause.
The Board may refuse to issue a licence where the partnership or legal person applying for it or any of its officers holds a licence that has been suspended or held a licence that was cancelled under section 70 within less than three years.
For the purposes of subparagraph 2 of the first paragraph in respect of an offence under a fiscal law, the Board shall refuse to issue a licence where it considers that the serious nature of the offence or the frequency of offences justifies the refusal.
1985, c. 34, s. 61; 1990, c. 4, s. 97; 1986, c. 95, s. 357; 1991, c. 74, s. 169; 1998, c. 46, s. 22; 2005, c. 22, s. 47; 2005, c. 22, s. 5.
61. The Board may refuse to issue a licence to a partnership or a legal person where any of its officers:
(1)  was an officer of a partnership or a legal person in the 12 months preceding any bankruptcy of the partnership or legal person within less than three years;
(2)  was an officer of a partnership or a legal person which, in the five years preceding the application, was convicted of an offence under a fiscal law or of an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the building trade unless he has obtained a pardon;
(3)  was an officer of a partnership or legal person whose licence was cancelled or not renewed under section 70 within less than three years;
(4)  is an officer of a partnership or legal person whose licence is suspended;
(5)  was an officer of a partnership or of a legal person in the 12 months preceding the cessation of the partnership’s or legal person’s activities as a contractor, if the Board considers that the cessation is due to other causes than the death of one of its officers, the attainment of its object or any other legitimate cause.
The Board may refuse to issue a licence where the partnership or legal person applying for it or any of its officers holds a licence that has been suspended or held a licence that was cancelled or not renewed under section 70 within less than three years.
For the purposes of subparagraph 2 of the first paragraph in respect of an offence under a fiscal law, the Board shall refuse to issue a licence where it considers that the serious nature of the offence or the frequency of offences justifies the refusal.
1985, c. 34, s. 61; 1990, c. 4, s. 97; 1986, c. 95, s. 357; 1991, c. 74, s. 169; 1998, c. 46, s. 22; 2005, c. 22, s. 47.
61. The Board may refuse to issue a licence to a partnership or a corporation where any of its officers:
(1)  was an officer of a partnership or a corporation in the 12 months preceding any bankruptcy of the partnership or corporation within less than three years;
(2)  was an officer of a partnership or a corporation which, in the five years preceding the application, was convicted of an offence under a fiscal law or of an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the building trade unless he has obtained a pardon;
(3)  was an officer of a partnership or corporation whose licence was cancelled or not renewed under section 70 within less than three years;
(4)  is an officer of a partnership or corporation whose licence is suspended;
(5)  was an officer of a partnership or of a legal person in the 12 months preceding the cessation of the partnership’s or legal person’s activities as a contractor, if the Board considers that the cessation is due to other causes than the death of one of its officers, the attainment of its object or any other legitimate cause.
The Board may refuse to issue a licence where the partnership or corporation applying for it or any of its officers holds a licence that has been suspended or held a licence that was cancelled or not renewed under section 70 within less than three years.
For the purposes of subparagraph 2 of the first paragraph in respect of an offence under a fiscal law, the Board shall refuse to issue a licence where it considers that the serious nature of the offence or the frequency of offences justifies the refusal.
1985, c. 34, s. 61; 1990, c. 4, s. 97; 1986, c. 95, s. 357; 1991, c. 74, s. 169; 1998, c. 46, s. 22.
61. The Board may refuse to issue a licence to a partnership or a corporation where any of its officers:
(1)  was an officer of a partnership or a corporation in the 12 months preceding any bankruptcy of the partnership or corporation within less than three years;
(2)  was an officer of a partnership or a corporation which, in the five years preceding the application, was convicted of an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the building trade unless he has obtained a pardon;
(3)  was an officer of a partnership or corporation whose licence was cancelled or not renewed under section 70 within less than three years;
(4)  is an officer of a partnership or corporation whose licence is suspended.
The Board may refuse to issue a licence where the partnership or corporation applying for it or any of its officers holds a licence that has been suspended or held a licence that was cancelled or not renewed under section 70 within less than three years.
1985, c. 34, s. 61; 1990, c. 4, s. 97; 1986, c. 95, s. 357; 1991, c. 74, s. 169.
61. The Commission may refuse to issue a licence to a partnership or a corporation where any of its officers:
(1)  was an officer of a partnership or a corporation in the 12 months preceding any bankruptcy of the partnership or corporation within less than three years;
(2)  was an officer of a partnership or a corporation which, in the five years preceding the application, was convicted of an indictable offence triable only on indictment and connected with the business that the person intends to carry on in the building trade;
(3)  was an officer of a partnership or corporation whose licence was cancelled or not renewed under section 70 within less than three years;
(4)  is an officer of a partnership or corporation whose licence is suspended.
The Commission may refuse to issue a licence where the partnership or corporation applying for it or any of its officers holds a licence that has been suspended or held a licence that was cancelled or not renewed under section 70 within less than three years.
1985, c. 34, s. 61; 1990, c. 4, s. 97.
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