This agreement sets out measures agreed to by the governments of New Brunswick and Quebec to facilitate access to the construction labour markets in both provinces.
1.1 The following general principles have guided the development of this agreement:
New Brunswick and Quebec are committed to the fair treatment of persons, goods, services, and investments, regardless of where they originate in Canada.
The province in which a person lives will not be a bar to employment, apprenticeship training or trade certification in the other province.
New Brunswick and Quebec each agree to treat construction contractors and workers from the other province in a manner that is equivalent to the best treatment that each accords to its own construction contractors and workers.
New Brunswick and Quebec agree that membership in a trade union or contractors’ association will not inhibit
the mobility of construction workers or construction contractors. At the same time, both provinces acknowledge that membership in a trade union or contractors’ association may be required by provincial law, by regulation or by collective agreement.
In order to ensure maximum mobility of workers and contractors in the construction industry, New Brunswick and Quebec agree to use the person designated as Official Contact in section 61. to facilitate the resolution of disputes relating to access to work or business opportunities when membership in a labour organization or contractors’ association is compulsory under an act, a regulation, a collective agreement or any special agreement.
New Brunswick and Quebec each have the right to regulate their construction industries in their own way. The different regulatory systems in New Brunswick and Quebec that govern training and certification in the construction industry will not prevent full recognition, by both jurisdictions, of the qualifications, skills, and work experience of contractors and workers.
1.2 Other Clauses in Principle
In accordance with Chapter 7of the Agreement on Internal Trade and subject to section 71. of this agreement, New Brunswick and Quebec agree that any worker certified by either party to work in a trade or occupation in accordance with the Interprovincial Standards (Red Seal) Program is automatically certified by the other party to work in the equivalent trade or occupation listed in Appendix .1
Furthermore, subject to sections 2.4 and 7.1 of this agreement, any worker certified by a regulatory agency of either party to work in a trade or occupation is automatically certified by the other party to work in the equivalent trade or occupation listed in Appendix .1
1.3 Implementation
In New Brunswick, the organizations responsible for implementing this agreement are the Department of Post- Secondary Education, Training and Labour (DPETL), the Department of Public Safety (DPS), the Workplace Health, Safety and Compensation Commission (WHSCC), the New Brunswick Construction Safety Association (NBCSA), Service New Brunswick (SNB), the Department of Intergovernmental Affairs (DIA), and any other agency specifically designated for that purpose.
In Quebec, the organizations responsible for implementing this agreement are the Ministère du Travail, the Commission de la construction du Québec (CCQ), the Commission de la santé et de la sécurité du travail (CSST), the Association paritaire pour la santé et la sécurité du travail du secteur de la construction (ASP Construction) or any other body recognized by the CSST, the Régie du bâtiment du Québec (RBQ), the Corporation des maitres electricians du Québec (CMEQ), the Corporation des maîtres mécaniciens en tuyauterie du Québec (CMMTQ), the Ministère de ‘Emploi et de la Solidarité sociale (MESS), le ministère de l’Éducation, du Loisir et du Sport (MELS) and any other agency specifically designated for that purpose.
The parties agree to ensure that al departments and agencies involved in the implementation of this agreement comply with the terms and conditions set out herein.
Full Agreement
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