Act to provide for measures to fight crime in the construction industry (Bill 73)

  • The contractor and the owner-builder must provide the list of their lenders to the Régie. The contractor and the owner-builder are also required to attach to this list a declaration from each lender where this person specifies the name of his/her officers and indicates whether he/she or his/her officers have been found guilty, during the period of five (5) years preceding the date of the loan, of an offence to any fiscal law or of a criminal act.

    You must identify each one of your lenders, for the purpose of loans of money, other than banking institutions, Caisses populaires and credit unions, insurance companies, trust companies or saving societies. Furthermore, this disposition does not concern buyer accounts of suppliers of services and materials, shareholder advances, credit lines and cards, nor financial leases.

  • A certain number of previous convictions can now result in the denial of issuance, restriction, revocation or suspension of a contractor’s licence.

    For a contractor or owner-builder

    • A criminal act (of any nature whatsoever), if it is in connection with the activities which the person intends to carry out within the construction industry.
    • A criminal act set out under sections 467.11 to 467.13 of the Criminal Code This link open an external website of the Régie du bâtiment du Québec in a new window. (taking part in the activities of a criminal organization), even if there is no connection between such criminal act and the activities which this person intends to carry out within the construction industry.
    • An offence under a fiscal law, when such an offence is connected to the activities that the person intends to carry out within the construction industry, and if warranted by the severity or frequency of the offence.

    For a contractor, the following criminal acts or offences may result in a restriction of the licence for the purpose of obtaining a public contract, which means that this person shall not be allowed to bid on this type of contract :

    A criminal act or an offence set out under the laws and the following sections, even if such criminal act or offence has no connection with the activities which the person intends to carry out within the construction industry :

    • under section 462.31 of the Criminal Code, if the imprisonment term is of 5 years or more (laundering of proceeds of crime);
    • under sections 5, 6 or 7 of the Controlled Drugs and Substances Act (trafficking, importation and production of such drugs or substances);
    • under section 45 of the Competition Act (conspiracy for collusion).
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