Construction hiring priority: Contractors want to appeal

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Construction hiring priority: contractors want to appeal

Regional hiring priority limits the ability of contractors to bring workers of their choice when they land a contract in a region other than their own.

A major employers' association in the construction industry is seeking permission to appeal a Superior Court decision affecting worker mobility and regional hiring priority.

This issue of regional hiring priority limits the ability of contractors to bring workers of their choice when they land a contract in a region other than their own. They must hire a certain number of workers domiciled in the region where the site for which they have obtained the contract is located.

These clauses are dear to construction unions, since they allow their members in the regions to obtain work when a construction site is launched in their sector.

These clauses were also discussed during the hearings of the Charbonneau Commission, because their application sometimes caused friction.

The cause of hiring priority had first been heard by the Administrative Labor Tribunal. In 2019, the TAT had declared inoperative and invalid two articles of the Regulation respecting labor mobility, because they contravened freedoms protected by the Canadian and Quebec charters, namely the choice of its place of residence.

The case then ended up in Superior Court. Last August, she judged the decision of the TAT to be unreasonable, on the grounds that it did not have the competence to take up the debate as proposed or to conclude that the articles of the regulations in question were invalid. .

Now it is the Construction Association that is asking the Court of Appeal for permission to appeal this latest decision.

In its motion, the ACQ asserts that the Superior Court erred in law by not recognizing the TAT's jurisdiction to determine the conformity of the articles of the Regulation on mobility with the Charters , which constitutes a new question of principle that must be submitted to the Court.

The ACQ also maintains, in its motion, that the TAT's reasoning is intelligible, coherent and takes into account the particularities of the abundant legislation in the construction industry, an unavoidable legal constraint.

The Association de la construction du Qu├ębec brings together nearly 18,000 companies in the industrial, institutional and commercial sectors.

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