Backgrounder
02-08
For Immediate Release
March 4, 2002
Ontario Re-Designates Quebec Under Fairness Is A Two-Way Street Act
On March 9, 2002, tough restrictions will come into effect against Quebec construction workers, contractors and aggregate haulers.
Quebec will be re-designated under the Occupational Health and Safety Act. Quebec was designated under the act previously for part of 1999. That designation was revoked when the provinces agreed to implement measures suggested in a report written by their Special Negotiators. The provinces monitored the success of those measures for a two-year period, which ended on November 11, 2001.
Despite these measures, Ontario construction companies and workers continue to face restrictions while trying to work in Quebec. For instance, Quebec shuts Ontario contractors out of bidding on most Quebec Crown corporation projects; in Ontario, Quebec contractors are totally free to bid on similar projects. As well, Quebec will only allow Ontario contractors to bring their regular workers into the Hull area; on the other hand, Quebec contractors can bring their regular workers to any site in Ontario.
Negotiations in December 2001 and January 2002, intended to break down these highly restrictive barriers, failed. Ontario is, therefore, levelling the playing field by imposing tough restrictions on Quebec companies and workers seeking to work in construction in Ontario.
Quebec construction companies and workers working in Ontario on construction contracts and sub-contracts that were underway or contracted prior to March 9, 2002 can continue to work on those projects, without being affected by the restrictions, for the duration of the contract.
With the re-designation of Quebec, the following provisions of the act will apply to Quebec contractors, workers and aggregate haulers:
Door shut on Ontario government work
Quebec contractors will not be allowed to bid on Ontario government construction contracts, including those in the broader public sector. This prohibition will include contracts awarded by Ontario government ministries and agencies, hospitals, school boards, municipalities, universities and colleges.
Non-government work restrictions
Contractors and sub-contractors from Quebec working in construction in Ontario or wishing to submit a bid to the private sector will have to register with Ontario's Jobs Protection Office. In order to register, Quebec corporations will have to:
- provide proof of corporate status and a detailed auditor's statement verifying a working capital ratio of at least 1.1 to 1 for the current fiscal year;
- post a $10,000 security;
- pay a $1,000 registration fee; and
- satisfy any other prescribed requirements.
Quebec contractors that are not corporations will have to:
- provide proof of business status and a detailed financial statement in an approved format;
- post a $10,000 security;
- pay a $800 registration fee; and
- satisfy any other prescribed requirements.
These requirements are similar to those faced by Ontario contractors seeking to work in Quebec.
Construction contractors from Quebec will have to register with the Jobs Protection Office, the Ontario Ministry of Consumer and Business Services and the Technical Standards and Safety Authority as appropriate prior to entering into any bidding process and before obtaining other licences and permits—for example, a business licence—from other Ontario government bodies.
Workers
Every worker from Quebec who wishes to work in construction in Ontario will have to register with the Jobs Protection Office.
To register, the Quebec worker will have to:
- provide satisfactory evidence of work experience in the prescribed trade, skilled occupation or construction activity;
- pay a $100 registration fee; and
- satisfy any other prescribed requirements.
In addition, if the person will be working in a prescribed trade or skilled occupation requiring a certificate in Quebec, the person will have to provide proof of that certificate.
Individuals from Quebec must also have the required Ontario certificate in compulsory trades.
Aggregate Haulers
Persons from Quebec will not be able to haul aggregate (sand, gravel, stone) between locations in Ontario.
Jobs Protection Office
The Jobs Protection Office is established in Eastern Ontario to:
- enforce the provisions of the act;
- register construction contractors and workers from Quebec;
- co-ordinate enforcement of legislation;
- co-ordinate information sharing about Quebec contractors and workers to support enforcement; and
- maintain the 1-888-998-9959 hotline to support enforcement of existing or new requirements.
Retail Sales Tax Enforcement
The Ontario Ministry of Finance field compliance staff will:
- authorize enforcement officers to stop, inspect and detain vehicles entering Ontario from Quebec to ensure that all requirements under the Retail Sales Tax Act are met; and
- authorize enforcement officers to ensure the owner/operator pays a security for the tax that would be owing if the materials are used in Ontario.
Penalties
- up to $25,000 per day for a corporation.
- up to $2,000 per day for an individual.
- 10 per cent of the contract price for a company from Quebec that violates the act by entering into a construction contract with the Ontario government or a broader public sector organization.
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PUBLIC INQUIRIES: (contractors, workers and aggregate haulers, etc.):
Jobs Protection Office
1-888-998-9959
Media Inquiries:
Belinda Sutton
Communications and Marketing Branch
Ministry of Labour
416-326-7405
