Measures to counter the infiltration of organized crime in construction

Adoption of Bill 162

QUÉBEC CITY, May 31, 2018 – Yesterday, the National Assembly unanimously passed Bill 162, An Act to amend the Building Act and other legislative provisions mainly to give effect to certain Charbonneau Commission recommendations.

Lise Thériault, Minister responsible for Consumer Protection and for Housing, was delighted with the adoption of the bill, which aims to clean up the construction industry.

Quote

Bill 162 gives the RBQ the power necessary to fully contribute to prevention efforts and the fight against fraudulent practices in the construction industry. The rigorous framework we are proposing will not only present an obstacle to infiltration by organized crime, but it will also serve to counter the unfair competition that honest contractors are faced with.

– Lise Thériault, Minister responsible for Consumer Protection and for Housing and Minister responsible for the Lanaudière region

Key points

• Bill 162 was created to respond to the recommendations of the Charbonneau Commission specifically concerning the Building Act. It was introduced in the National Assembly on December 1 of last year. One of its goals is to tighten the conditions for obtaining and holding a contractor’s licence.
• The measures adopted in line with the recommendations aim to:
  • Intensify the evaluation of the company’s integrity by expanding the definition of an “officer.”
  • Crack down on people acting as or using front-men through a prête-nom arrangement by creating a new criminal offence
  • Tighten the conditions for obtaining and maintaining a contractor’s licence by adding specific offences linked to trafficking, producing or importing drugs, money laundering, conspiracy, bid-rigging, fraud, collusion and corruption
  • Ensure that a licence cannot be obtained until 5 years after the end of a term of imprisonment resulting from a conviction
• Furthermore, although another Charbonneau Commission recommendation does not explicitly mention the Building Act, an amendment was made in order to increase the statute of limitations for certain types of criminal prosecution contained in the Act to three years, without exceeding seven years since perpetration.
• Additionally, in accordance with the government’s wish to implement more comprehensive measures to protect people who come forward with information about crimes, one of the amendments is to offer immunity to whistleblowers.
• Other measures have also been adopted in line with the Charbonneau Commission recommendations, such as additional consumer protection thanks to a new condition for obtaining a contractor’s licence: having liability insurance, the nature, coverage and conditions of which will be determined by RBQ regulations.

Related link

• All information about the progress of Bill 162, including the Act document, can be found on the National Assembly website.

The RBQ

• The RBQ’s goal is protecting the public. It ensures the quality of construction work and the safety of the buildings and installations under its jurisdiction. It ensures the professional qualifications and integrity of construction contractors. It also oversees the application of the Building act and its regulations.