B-1.1 - Building Act

Article 86.11 Versions de la disposition

2024-11-27

86.11. The Board may refuse to issue, amend or renew a certificate, or may suspend or cancel a certificate, where the applicant or holder

1°  does not comply with one of the terms or conditions set out in this Act or prescribed by regulation of the Board, in particular a term or condition for issuing or maintaining a certificate;

2°  has submitted falsified facts to the Board or misrepresented facts, or has failed to provide the Board with information;

3°  has not complied with an order issued under this Act;

3.1°  has failed to comply with a condition imposed under the second paragraph of section 109.6;

4°  is in a conflict of interest situation;

5°  has failed to pay a sum of money payable to the Board under this Act or the regulations;

6°  has been found guilty of an offence under this Act or the Consumer Protection Act (chapter P-40.1), if the serious nature or frequency of the offence justifies such a decision;

7°  has, in the five years preceding the application, been found guilty of an offence under a fiscal law or an indictable offence related to the building inspector activities the person intends to carry on, unless he has obtained a pardon;

8°  has, in the five years preceding the application, been found guilty by a foreign court of an offence or indictable offence referred to in subparagraph 7 which, if committed in Canada, would have resulted in criminal proceedings; or

9°  has failed to provide the Board with what is needed to carry out a verification or inspection.

Despite subparagraph 7 of the first paragraph, where the offence or indictable offence resulted in a term of imprisonment being imposed, a certificate may not be issued before five years have elapsed since the end of the term of imprisonment imposed by the sentence, unless the person on whom the term of imprisonment was imposed has obtained a pardon.

The Board may also refuse to issue, amend or renew a certificate, or may suspend or cancel a certificate, if issuing or maintaining the certificate would be contrary to the public interest, for example because the applicant or holder is unable to prove good moral character and a capacity to exercise activities as a building inspector with competence and integrity, given his past conduct.

2019, c. 28, s. 10; 2024, c. 35, s. 17.

2024-10-01

86.11. The Board may refuse to issue, amend or renew a certificate, or may suspend or cancel a certificate, where the applicant or holder

1°  does not comply with one of the terms or conditions set out in this Act or prescribed by regulation of the Board, in particular a term or condition for issuing or maintaining a certificate;

2°  has submitted falsified facts to the Board or misrepresented facts, or has failed to provide the Board with information;

3°  has not complied with an order issued under this Act;

4°  is in a conflict of interest situation;

5°  has failed to pay a sum of money payable to the Board under this Act or the regulations;

6°  has been convicted of an offence under this Act or the Consumer Protection Act (chapter P-40.1), if the serious nature or frequency of the offence justifies such a decision;

7°  has, in the five years preceding the application, been convicted of an offence under a fiscal law or an indictable offence related to the building inspector activities the person intends to carry on, unless he has obtained a pardon;

8°  has, in the five years preceding the application, been convicted by a foreign court of an offence or indictable offence referred to in subparagraph 7 which, if committed in Canada, would have resulted in criminal proceedings; or

9°  has failed to provide the Board with what is needed to carry out a verification or inspection.

Despite paragraph 7 of the first paragraph, where the offence or indictable offence resulted in a term of imprisonment being imposed, a certificate may not be issued before five years have elapsed since the end of the term of imprisonment imposed by the sentence, unless the person on whom the term of imprisonment was imposed has obtained a pardon.

The Board may also refuse to issue, amend or renew a certificate, or may suspend or cancel a certificate, if issuing or maintaining the certificate would be contrary to the public interest, for example because the applicant or holder is unable to prove good moral character and a capacity to exercise activities as a building inspector with competence and integrity, given his past conduct.

2019, c. 28, s. 10.

Non en vigueur

Not in force

86.11. The Board may refuse to issue, amend or renew a certificate, or may suspend or cancel a certificate, where the applicant or holder

1°  does not comply with one of the terms or conditions set out in this Act or prescribed by regulation of the Board, in particular a term or condition for issuing or maintaining a certificate;

2°  has submitted falsified facts to the Board or misrepresented facts, or has failed to provide the Board with information;

3°  has not complied with an order issued under this Act;

4°  is in a conflict of interest situation;

5°  has failed to pay a sum of money payable to the Board under this Act or the regulations;

6°  has been convicted of an offence under this Act or the Consumer Protection Act (chapter P-40.1), if the serious nature or frequency of the offence justifies such a decision;

7°  has, in the five years preceding the application, been convicted of an offence under a fiscal law or an indictable offence related to the building inspector activities the person intends to carry on, unless he has obtained a pardon;

8°  has, in the five years preceding the application, been convicted by a foreign court of an offence or indictable offence referred to in subparagraph 7 which, if committed in Canada, would have resulted in criminal proceedings; or

9°  has failed to provide the Board with what is needed to carry out a verification or inspection.

Despite paragraph 7 of the first paragraph, where the offence or indictable offence resulted in a term of imprisonment being imposed, a certificate may not be issued before five years have elapsed since the end of the term of imprisonment imposed by the sentence, unless the person on whom the term of imprisonment was imposed has obtained a pardon.

The Board may also refuse to issue, amend or renew a certificate, or may suspend or cancel a certificate, if issuing or maintaining the certificate would be contrary to the public interest, for example because the applicant or holder is unable to prove good moral character and a capacity to exercise activities as a building inspector with competence and integrity, given his past conduct.

2019, c. 28, s. 10.